Florida Constitutional Law Flashcards
What are the 4 hot topics for Florida Con Law essay questions?
- Homstead (big time!)
- Unconstitutional statutes or ordinances
- Finance/ Revenue Bonds (public projects)
- Local Gov’t issues
The Federal Constitution enumerates certain powers, while state constitutions are a _______ on state powers.
limitation
The state as sovereign has certain reserved powers (that the federal government does not have) known as ______ _______.
police powers
In FL, according to its police powers, the state ahs the power to provide for the ______ of its citizens. (4 things)
- general welfare
- health
- safety
- morals (criminal laws)
Florida’s counterpart to the federal Bill of Rights is …
Article I, Declaration of Rights.
Some of the rights in FL’s Declaration of Rights are more expressly articulated than those found in the U.S. Constitution, e.g. _____, _____, _______.
Right of privacy (stronger right to privacy in FL)
Right to work (union context)
Right to access to courts
How does the FL Constitution treat equal protection claims?
- FL’s EPC only applies to state action.
- Fed Rules Apply:
The same standards of review based upon the class of persons subject to the alleged discrimination or types of rights allegedly infriged that apply under the U.S. Constitution apply under the FL constitution.
The Florida Constitution expressly forbitds discrimination based on _____, ______, _______, or ________. Thus, ___ ______ is applied to these cases.
race, ,religion, national origin, physical handicap
strict scrutiny
In Florida, strict scrutiny requires ______
state must show a compelling state interest and remedy must be narrowly tailored to meet the interest
In FL, rational basis review requires
P must show that he act does not relate to the achievement of a legitimate state purpose.
Is there any intermediate review in FL?
Nope.
If a law restricts fundamental rights, then _____ _____ is applied. Examples of fundamental rights include:
strict scrutiny
right to marriage
right to freely travel
right to vote
right to raise your children as you see fit
FL’s Constitution forbids regulation and establishment of religion by the _____ and guarantees free exercise of religion to each _____. However, it also states that religious freedom does not justify ____________.
- government
- individual
- practices inconsistent with public morals, peace, or safety (no bong hits for Jesus).
Under FL’s freedom of religion provisions, no revenue of the state shall ever be taken from the public treasury _____________.
direcly or indirectly in aid of any church, religious denomination, or in aid of any sectarian institution. (Has seriously limited viability of school vouchers in FL).
For establishment clause questions, FL uses the _____ test, which states that in order to be in accordance with the establishment clause a law must:
Lemon Test
- be primarily for a secular purpose
- neither advance nor inhibit religion as the primary effect
- not produce excessive gov’t entanglement with religion
FL’s constitution guarantees freedom of speech and no state law may be passed _________.
abridging freedom of speech or of the press
There is a strong presumption in favor of
public access to court proceedings and records.
Generally, free speech and press provisions of the FL constitution have been analyzed in the same manner as _____.
the First Amendment of the U.S. Constitution
Prior restraint is _____ favored by the courts.
NOT
Time, Place, and Manner restrictions are ______.
ok if they are not content based.
If time, place, and manner restrictions are content based, then the gov’t must show _______.
that the regulation is narrowly tailored in showing a compelling state interest.
FL Constitution provides that the people retain the right to assemble _______ and to ___________.
peaceably; petition for redress of grievances
A key to noticing that freedom of assembly might be infringed by a local law is that too much _____ is given to a ______.
discretion; local official
Public employees in FL have no right to _____, because FL is a _________ state.
Strike; right to work
Right to work laws apply to ______ and _______.
state action; state employees
Right to work is often tested in conjunction with _____.
Bonds. State cannot choose a contractor to build a public building only if the contractor promises to only use non-union workers/ subcontractors.
Due process in FL means that, no person shall be deprived of __, ____, or ___ without due process of law, or be twice put in ______ for the same offense, or be compelled in any ______ matter to be a witness against oneself.
life, liberty, or property
jeopardy
criminal
Procedural due process in FL extends to actions by ____ organizations exercising a ______ function.
private; quasi-public
On the bar exam, if you see a procedural due process question, you should also look for a ________.
substantive due process issue
Questions often cover where to two merge.
Examples of procedural due process guarantees and substantive due process guarantees.
Procedural: Notice and hearing; right to appeal; jury trial
Substantive: Right to possess property; privacy rights; jury trial
What are prohibited laws in FL?
- no bill of attainder
- no ex post facto law
- no law impairing the obligation of contracts
What is a bill of attainder?
Law passed for one person (Terry Schiavo)
What is an ex post facto law?
Retroactively applied law (mostly criminal)
What is impairment of contract?
State rewrites existing contract.
What is the impairment of contract analysis?
- State action?
- Existing contract?
- Does regulation substantially impair contract?
If so, state may only pass law if serves important and legitimate state interest AND must be narrowly tailored.
How are search and seizures treated under FL Con law?
4th am: same as federal
5th: greater protection than federal for crim. def.
What are excessive punishments in FL?
Excessive fines cruel or unusual punishment forfeiture of estates indefinite imprisonment unreasonable detention of minors
NO administrative agency shall impose a sentence of _____, nor shall it impose any other penalty except as provided by law. An administrative agency cannot award ___________, but may award ______.
imprisonment
non-quantifiable common law damages (emotional distress)
quantifiable common law damages (back pay, attorneys fees)
What is the access to courts rule?
The courts shall be open to every person for redress of injury and justice shall be delivered without sale, denial, or delay.
What is the Kluger v. White rule?
If the legislature abolishes a cause of action, a reasonable alternative must be provided unless:
- The legislature can demonstrate a compelling public necessity (b/c of fundamental right) (Judicial economy counts) AND
- No alternative method of meeting the necessity can be established.
Examples of access to courts alternatives that have/ have not been accepted:
Have: workers comp medical malpractice med. malpractice for nursing homes family law voluntary arbitration mediation before dissolution of marraige
Have not:
award of attorney’s fees to prevailing party
caps on damages
statutes changing SOL (shortening significantly)
filing fees
appeal
What is the right to privacy under FL Con law?
Every natural person has the right to be let alone and free form governmental intrusion into the person’s private life except as otherwise provided herein.
What is the internal conflict with FL’s right to privacy?
FL also has a sunshine law, which allows the public the right to access public records and meetings as provided by law.
How does FL’s right to privacy compare to the Fed right?
FL’s right to privacy is considered to privde more protection than the corresponding right of privacy under the US constitution.
If a law infringes on privacy rights, what is the test in FL?
Government interference with the right of privacy is permitted only if there is a
- compelling state interest AND
- the least intrusive means are used to protect that interest
What is the sunshine law?
Any public meetings/ records must be open to the public.
(Must balance this againt privacy interests).
What is the rule for exempting something from the sunshine law?
If not provided to the public, must state the necessity justifying the exemption and the law should be no broader than necessary to accomplish the goal.
When one branch of gov’t usurps the function of another branch it is said to _______. When one branch of government delegates its responsibilities to another branch of gov’t, it is said to violate the ________.
Encroach
non-delegation doctrine
The FL Constitution provides the legislature with the power to make _______ procedural rules, but the Florida Supreme Court with power to adopt rules for the ______ and ______ in all courts (___________).
substantive
practice and procedure
procedural rules
Difference between substantive procedural rules and procedural rules?
Substantive (made by the legislature) include: sentencing guidelines, 3 strikes rule, rules of evidence
Procedural (made by SCT) include: how many days to reply; file a reply; efiling rules
The legislature cannot delegate the power _________.
to make law or fundamental policy decisions.
Agencies cannot define the elements of a crime, e.g.
FL state legislature consists of two houses: ______ and ____ each with how many members and waht are their terms?
senate and house of representatives 40 senators (4 year terms) 120 reps (2 year terms)
