Florida Constitutional Law (Me) Flashcards
What is Florida’s equivalent of the Bill of Rights?
The Declaration of Rights
Does Florida’s constitution provide for equal protection of the law?
Yes. State action is required (only government entities are restricted from discriminating).
Use same standards of review that are used under U.S. Constitution.
Strict Scrutiny for race, religion, national origina, or physical disability. Rational basis test when no suspect class or fundamental right in question. Age is not a suspect class in Florida.
Freedom of Religion in Florida
Same as under U.S. Constitution, but also states that religious freedom does not justify practices that are inconsistent with public morals, peace or safety.
Freedom of Speech, Press and Assembly in Florida
Florida also grants the people the right to instruct their representatives.
How are the rights to work and bargain collectively treated under the Florida Constitution?
- The right to work and the right to bargain are fundamental rights under the FL Constitution and strict scrutiny test applies to governmental infringement of these rights.
- No person may be denied a job b/c of membership or nonmembership in a labor union.
- Public and private sector employees have right to bargain collectively, but public employeees do not have the right to strike.
Right to Bear Arms in Florida
This matter may be regulated in Florida. The constitution mandates a 3 day waiting period between the retail purchase and delivery of any handgun. Counties may impose an additional waiting period of 3 to 5 days and a criminal history background check.
Due Process in Florida
Procedural due process in Florida extends to actions by private organizations exercising a quasi-public function (e.g., professional organizations).
Right against compelled self incrimination in Florida
extends to proceedings before administrative agencies that are essentially penal in nature (e.g., license revocation proceedings).
Can a law impair contracts in Florida?
Although virtually no degree of impairment of contracts is permitted, where state is not a party to contract, the courts have balanced the degree to which a party’s contract rights are statutorily impaired against the evil the state is attempting to remedy through the statute.
Standard:
- is there a state action?
- is there an existing contract?
- does regulation substantially impair the contract?
If so, state may only pass law if serves important and legitimate government interest AND must be narrowly tailored.
Does Florida allow imprisonment for debt?
No, unless fraud is proven.
Search and Seizure in Florida
- Same as federal – construed in conformity with 4th amendment.
- people have right to be secure against unreasonable interception of private communications by any means.
Pretrial Release and Detention in Florida
Florida Constitution provides a general right to pretrial release on bail but contains exceptions:
- persons charged with capital offenses or offenses punishable by life imprisonment may be denied bail if probability of their guilt is great
- bail can be denied where accused poses a threat to public safety or the integrity of the judicial system.
Rights of Accused and Victims in Florida
FL Constitution provides for numerous rights of accused in criminal proceedings (e.g., compulsory attendance witnesses, sopy of the charges, info of the nature and cause of accusation, confrontation, testify or refuse to testify, counsel, fair trial, speedy and public trial), BUT these rights are waived if the accused does not demand them.
Victims are entitled to be informed, present and heard, when relevant, at crucial stages of criminal proceedings as long as this does not interfere with the accused’s constitutional rights.
May administrative agencies punish by imprisonment?
No. An agency also cannot award non-quantifiable common law damages (e.g., emotional distress) but may award quantifiable damages (e.g., back pay, attorneys’ fees).
What is the Kluger Doctrine?
(Access to Courts)
If the legislature abolishes a cause of action, a reasonable alternative must be provided unless:
- the legislature can demonstrate a compelling public necessity for abolition of the right; and
- no alternative method of meeting such a public necessity can be established.
Are bills of attainer or ex post facto laws allowed in Florida?
No.
The Florida Constitution prohibits which kind of punishments?
Excessive punishments.
- excessive fines
- cruel or unusual punishment
- forfeiture of estates
- indefinite imprisonment; and
- unreasonable detention of witnesses
Access to Courts in Florida
The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial or delay.
What is the jury size requirement in Florida?
The qualificationsr and number of jurors, of which there must be no fewer than six, are fixed by law. 12 person juries for capital cases.
Is there a right to a jury trial in Florida?
There is a constitutional right to trial by jury in criminal and civil proceedings, where the right existsed at the time Florida’s first constitution became effective in 1845.
No constitutional right to trial by jury in civil commitment, eminent domain or equitable proceedings.
Right of Privacy in Florida
Fundamental Right. Expressly included in the FL Constitution. Every natural person has the right to be let alone and free from governmental intrusion into her private life. More protective than U.S. Constitution.
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.
Abortion protected under this right.
A persons’ right to access public records, documents and meetings cannot be limited by the privacy right.
What are the exemptions to access to public records and meetings?
- the law states with specificity the public necessity justifying the exemption; and
- the law is no broader than necessary to accomplish the states purpose.
What are the limitations on lawyer’s contingency fees in medical liability cases?
30% of first $250k for medical liability case and 10% of amount over $250k.
lawyers have duty to inform their clients of their rights under section 26 before entering into a contingency fee arrangement.
What is substantive law?
Substantive law prescribes duties and rights under our government and the legislature is responsible for enacting such policies.
What is procedural law?
Procedural law concerns the means and methods to apply and enforce those duties and rights and the Florida Supreme Court determines procedural law through the promulgation of rules. The legal machinery by which substantive law is made effective.
What is encroachment?
When one branch of government usurps the function of another branch.
What is the non-delegation doctrine?
One branch of government cannot delegate its responsibilities to another branch of government.
The executve agencies may make rules, however, the statute must provide sufficient guidelines and standards so that the agencies are merely implementing policy determined by the legislature.
Legislature may not delegate to any agency the right to define the elements of a crime, to create criminal penalties or fashion equitable remedies.
How many in the Florida legislature?
- 40 senators for 4 year terms
- 120 house members for 2 year terms
What are the legislative sessions?
- organization session 14 days after each general election
- regular session – convened first week March. may enact laws on any subject by a majority vote
- special session – may be called by governor. 20 days long unless extended by vote of 3/5. no new business without consent of 2/3. special sessions may also be convened by legislators.
- each house determines its own rules of procedure and may punish a member for contempt or disorderly conduct by majority vote. 2/3 vote may expel a member.
What are the requirements for a law in Florida?
- It cannot be vague
- It cannot be overbroad
- It must be reasonably related to public welfare
Constitutional requirements:
- must be limited to single subject
- must have an adequate title
- text must be set out
- must have an enacting clause
What requires a majority vote of legislature?
- in each house for passage of bills (including joint resolutions and reapportionment)
- for senate to convict a suspended state, county or municipal officer.
What requires a 3/5 vote of each house of legislature?
- extend a regular session
- convene a special session
- amend or revise the constitution
- add prohibited subjects for special laws and general laws of local application
- raise the tax rate on corporate income
- cretion of State Trust Funds
What requires a 2/3 vote of legislature?
2/3 vote each house to/for:
- extend special session to include new business
- waive three readings of a bill prior to its passage
- override a gubernatorial veto
- repeal rules of practice and procedure promulgated by Supreme Court
- increase or decrease the numbers of judicial offices recommended by Supreme Court
- state mandates on local governments
- increase State spending above revenue cap
2/3 vote of Senate required to convict an impeached state officer
2/3 vote of House to impeach
What are the categories of law in Florida?
- General; and
- Special.
General laws apply uniformly statewide to all persons or circumstances. A general law of local application is a law that uses a classification scheme based on criteria such as population so that its application is restricted to particular localities. It does not require notice or referendum.
Special laws relate to or are designed to operate on known, specific persons or things or in a specifically indicated part of the state. Requires notice of intention to seek enactment be published in a newspaper of general circulation in the affected counties or the law is to become effective only on approval by referendum vote of the lectors of the area affected.
