Florida Constitutional Law Flashcards
How is FL Con Law Tested?
Essay. Main focus should be on the standards the Florida Supreme Court applies to a particular kind of case.
Article 1: Declaration of Rights > Fundamental Rights
Florida’s counterpart to The federal Bill of Rights, found in article one of the Florida constitution.
The Declaration of Rights contains more expressly articulated rights than those found in the US constitution.
* Equal Protection ^
* Due Process ^
* Search and Seizure
* Access to Courts
* Right to Jury Trial
* Right to Privacy ^
* Access to Public Records and Meetings
* Right to Work
These enumerated rights are fundamental and Cases involving these rights trigger Strict Scrutiny.
* Under the Strict Scrutiny tests, the law will be upheld only if the GOVERNMENT can show that it is NECESSARY to achieve a COMPELLING interest
^ most common
Article 1: Declaration of Rights >
Section 3—Religious Freedom—Limitation on Use of Public Funds to Support Religion
No government revenue can be taken from treasury to support religion, either directly or indirectly.
* Can support religious institution for other non-religious purpose (secular purpose)
Article 1: Declaration of Rights >
Section 6—Right to Work
Cannot be denied job BASED ON MEMBERSHIP (or non-membership) in a UNION
- The right to work and to bargain collectively is it part of the Florida constitution ‘s declaration of rights and is, therefore, a fundamental right. Thus, strict scrutiny is applied to these cases
- “Florida is a right to work state, the right to work is a fundamental right which triggers strict scrutiny analysis…”
Public employees CAN’T go on strike
Article 1: Declaration of Rights >
Section 12—Searches and Seizures
Florida constitution requires Florida to construe the 4th and 5th amendment in accordance with SCOTUS case law
* 4th and 5th Am. guarantees the right of people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
Article 1: Declaration of Rights >
Section 14—Pre-Trial Release and Detention
EVERY ARRESTED PERSON is entitled to pretrial release on reasonable conditions EXCEPT People charged with CAPITAL OFFENSES or OFFENSES PUNISHABLE BY LIFE where the proof of guilt is evident OR presumption of guilt is great
* Arthur Hearing: Judge makes determination of proof/presumptioin of guilt
Article 1: Declaration of Rights >
Section 21—Access to Courts
Legislative branch does anything that impedes or hinders access.
Florida constitution provides that courts shall be open to everyone for redress of injury and justice administered without sale, denial or delay.
Every person is guaranteed at least ONE appeal from a final order.
Legislature is PROHITED from passing a law that abolishes a cause of action without a reasonable alternative for redress of injury (Kluger doctrine)
* unless (i) it can be show an overpowering public necessity for abolition of such right, and (ii) no other alternative method of meeting such public necessity can be found.
* Examples: PIP and workers compensation actions were abolished. Reasonable alternative > PIP/workers comp insurance
Article 1: Declaration of Rights >
Section 23—Right to Privacy
Every natural person (not corporations) have the right to be let alone and free from government intrusion into their private life.
In contrast to the US constitution, the right to privacy is expressly included in the Florida constitution and thus is considered to provide more protection than the corresponding right to privacy under the federal constitution.
* Standards of review are the same
Article 1: Declaration of Rights >
Section 24—Access to Public Records
Access to Public Records: Every person has a right to inspect or copy any public record made or recieved in connection with the official business of any public body, officer or employee of the state or local government, or persons acting on their behalf, except those records made confidential by Florida’s constitution.
Hiding Public Records: Also allows legislature to hide public records for limited amount of time upon 2/3 vote of both houses.
Public Meetings: Notice of public meetings of public bodies–open to the public and properly noticed. Cannot discuss business outside these meetings.
FL Legislature > Essay Issues
1) Encorachment Issues (judiciary)
2) Bill Properly Passed?
FL Legislature > Legislative Sessions
3 types:
1) Organizational Session
* No bills can be passed.
2) Regular Session
* Can pass bills.
3) Special Session
* Can be called by the Governor or heads of both houses.
* Must state purpose. Limits bills to be passed to the purpose stated. Members can vote to expand subject by 2/3 vote
* Limited to 20 days long.
FL Legislature > Requirements for Bills
1) Single Subject
* Every bill must relate to 1 subject and matters properly connected therewith
2) Adequate Title and Enacting Clause
* Adequate Title: Title puts reader on “reasonable notice” of the body of the bill.
* Enacting Clause: “Be it enacted by the legislature of the State of Florida”
3) Sections
* Must be broken up into sections. Paragraph breaks.
FL Legislature > Default Effective Date of Laws
(Date when enforcement begins)
Sometimes, the effective date won’t be on the Bill.
Default: 60 days after the entire session ends in which the bill was passed. Unless otherwise stated.
FL Legislature > Executive Action After Bill Passage—Governor’s Approval (Sign) or Veto
If the Governor does NOT sign it for 7 consecutive days, automatically becomes law.
FL Legislature > Types of Laws
1) General law
2) Special law
3) General law of local application
Bonus
* Prohibition on certain types of Special laws and general laws of local application
1) General Law: Applies everywhere to everyone equally.
2) Special Law: Applies to a specific area or specific people. Need 1 of 2 things to pass special law:
* 1) provide notice to affected people, or
* 2) allow for referendum — Affected people vote (no notice)
3) General Law of local application: General law based on population. “any county with x amount of people”
* no notice or referendum needed
Bonus: Some areas of law are so important they must be uniform (general) throughout the state
There shall be no special law or general law of local application pertaining to:
* Education
* Crime (punishment)
* Elections
* Court Rules (procedure, evidence, etc.)
* Gaming RIghts (hunting, fishing)
* Family (divorce)
FL Judiciary > Structure and Jurisdiction
See Chart
