Powers of Government Flashcards
How long can officers of the executive branch serve?
4 year terms.
What is the governor’s term limit?
2 terms of 4 years each.
True or False: The governor can initial judicial proceedings in the name of the state vs. public officials?
True
True or False: The governor may not seek advisory opinions from the Supreme Court regarding constitutional powers and duties.
False - Governor may do so.
What must the governor due at each general session?
Provide an update about the condition of the state.
Does the Governor sign death warrants and have limited power to grant clemancy?
Yes - requires 2 cabinet members to approve clemancy.
Who is on the cabinet?
AG/CFO/Commissioner of Agriculture
How many senators can be elected under the constitution?
30-40 each serving 4 year terms.
How many reps can be elected under the constitution?
80-120 each serving 2 year terms.
What is required to be a legislator?
At least 21 years old and a resident of the district they represent.
What are apportionment rules?
District must be contiguous as nearly equal in population as practicable and compact.
Cannot be drawn to favor a party.
Should be accomplished during general session/can be extended to special. Supreme court can step in and make the final reapportionment.
How long is the general session?
60 days.
How many votes does it take to extend the general session?
3/5
Who can call a special session?
The governor by proclamation stating the purpose and no other business maybe conducted unless voted on.
What vote is required to consider additional business at a special session?
2/3
What constitutes a quorum?
Majority of each house.
What vote is required to expel a member?
2/3
What are the requirements to present a bill?
1) Introduced by either house
2) Must be read at least by title on 3 seperate days
3) Approval by simple majority
Can any subject be discussed in the general session?
Yes
Is there a limit to the number of special sessions the governor can call?
No
What types of Courts are there?
Supreme Court
District Courts of Appeal
Circuit Courts
County Courts
What does the supreme court have mandatory jurisdiction over?
Final judgements regarding
1) Death sentences
2) Bond validation proceedings as provided by statute
3) decision by district courts of appeal declaratory statutes or constitutional provisions invalid
4) State wide utility rate decision by statute
What may the supreme court hear?
Decisions from District Court of Appeal that
1) Expressly affects a class of constitutional officers
2) Conflicting with other DOA or SC decisions
3) Construing a provision of FL or US Con Law
4) Validating a state statute
5) Certified as involving an issue of public importance.
Can the supreme court review decisions of trial courts that are certified to DCA in which appeal is pending?
Yes if it involves an issue of great public importance.
Can the Supreme Court review questions of FL Law determined by US Supreme Court or Federal Court upon certification by those courts?
Yes
Can the supreme court issue common law writs?
Yes for habeas corpus except cert.
What court has exclusive jurisdiction over the rules of practice and procedure for all courts?
Supreme Court
Can the legislature change a rule or practice of the court?
Can’t amend but can repeal by 2/3rd vote
Cannot provide new laws
What court has exclusive jurisdiction over admission and discipline of lawyers?
Supreme Court
What do appellate courts have exclusive jurisdiction over?
1) Appeals of rights of final orders or judgment not appealable to SC or Circuit Court
2) Final orders of state agencies
3) Certain interlocutory orders and admin actions
What do appellate courts have the discretion to hear?
1) Final orders of circuit courts
2) non final orders of circuit courts that depart from aw
3) Non final orders of state agencies where review of the final order would not provide a remedy
Can appellate courts issue common law writs?
Yes
True or False: Circuit Courts have appellate jurisdiction over orders of County Courts and Certain admin agencies.
True
What do Circuit courts have jurisdiction to?`
Probate and Related Matters Equitable Matters not handled by county (over 30k) Felony Cases Tax Assessment Cases Ejectment Action Disputes of title and boundary issues Actions at law exceeding 30k
Can the Circuit Court issue common law writs?
Yes
What do county courts have exclusive jurisdiction over?
Non Felony Traffic Offensive Ordinance violations Misdemeanors not joined with felonies Actions at law not exceeding 30k Actions in equity not exceeding 30k Simplified dissolution proceedings Landlord Tenant Cases Judicial Lien that do not exceed 30k
What is required in order for the legislature to delegate its power?
The delegating statute must contain specific guidelines and standards so that the agency is merely implementing policies not making them.
What party can the legislature delegate its power to?
Executive agencies via statute to make administrative rules.
True or False: A person can hold dual offices in the state, county, or muni gov.
False - not permitted unless notary/members of constitutional convention or judicial nominating committee, miliary office, or members of bodies have only advisory power.
How long can public officers serve?
Generally 4 years unless:
1) Judge - 6 years
2) Rep - 2 years
What is required to qualify as an elector?
18 years old
Permanent resident of Fl
Registered to vote in county where they live
Can a person adjudicated incompetent vote or hold office?
No until disability is removed.
How is an official removed?
Governor suspends and senate removes
Can a person hold two government positions
No
Who gets impeachment trial?
Governor/Cabinent/Judges - Impeach in house/ trial in senate
Can the legislature impeach its own members?
Yes
What is requried to amend constitution?
60% of electorate
Mandatory Supreme Court Jurisdiction?
Death Penality
Bond Validation
Rate Decisions
DCA decision that invalidate law.
How are supreme court and DCA’s chosen?
Governor appoints; Retention election
How are circuit and county judges chose?
Political election
