Florida Constitutional Law 47

Question 1

What is Florida’s “open meetings” requirement?

Answer 1

The Florida Constitution requires that all legislative committee and subcommittee meetings be open and noticed to the public.

• Meetings must be open whenever there is to be a prearranged meeting between more than two members of the legislature, or between the governor, the president of the senate or the speaker of the house to agree on formal legislative action.

Question 2

Florida’s provision on freedom of speech?

Answer 2

The Florida Constitution guarantees the rights of the people to speak and to peaceably assemble. Florida courts have tended to interpret these guarantees in parallel with the same rights guaranteed by the federal Constitution.

Question 3

When is a time, place, and manner restriction valid?

Answer 3

If it:

1. Is content neutral;
2. Is narrowly tailored to serve an important government interest; and
3. Leaves open alternative channels of communication

Question 4

What is a public forum?

Answer 4

Public property that has historically been open to speech-related activities.

Question 5

Is age a suspect classification?

Answer 5

No, rational basis is applied in an analysis under the Equal Protection Clause

Question 6

Florida Constitution prohibition on impairment of contracts

Answer 6

The Florida Constitution prohibits laws that substantially impair contracts. To determine if there is an unconstitutional impairment, the courts balance the degree to which a party’s contract rights are impaired against the evil the state is attempting to remedy.

Question 7

When is there a conflict of interest under the FRPC?

Answer 7

A lawyer generally must not represent a client if there is a substantial risk that the representation will be materially limited by the lawyer’s responsibilities to a former client.

Question 8

Even if a conflict of interest exists, when may a lawyer continue to represent a client?

Answer 8

If:

1. He reasonably believes he will be able to provide competent and diligent representation to the client despite the conflict;
2. The representation is not prohibited by law;
3. The representation does not involve asserting a position that is adverse to another client when the lawyer represents both clients in the same proceeding before a tribunal; and
4. The client gives informed consent, confirmed in writing or clearly stated on the record at a hearing.

Question 9

A lawyer who has represented a client in a matter must not thereafter…

Answer 9

1. Represent another client in the same or a substantially related matter in which the client’s interests are materially adverse to the interests of the former client, unless the former client gives informed consent;
2. Use information relating to the representation to the disadvantage of the former client except as the rules would permit or require, or when the information has become generally known; or
3. Reveal information relating to the representation, except as the rules would permit or require with respect to a current client