Separation of Powers Flashcards
1
Q
Separation of Powers
A
- The Florida Constitution expressly incorporates the doctrine of Separation of Powers, thereby dividing the powers of the state government between the executive, legislative and judiciary branches of government.
- Branches are independent and equal to each other.
- This does not mean that every governmental activity is classified as belonging exclusively to a single branch of government.
- However, the whole power of one branch should not be exercised by the same hands that possess the whole power of another branch.
- Thus, the state separation of powers doctrine has been interpreted as preventing encroachment.
2
Q
Regular Sessions
A
Regular sessions of the Florida Legislature occur on the first Tuesday after the first Monday in March.
- A 3/5 vote in both houses is required for the regular session to extend beyond 60 consecutive days.
- A 2/3 vote of the particular house is required for any new business to be considered during any extension.
3
Q
Florida Supreme Court:
Mandatory Jurisdiction
A
- Under Florida law, the Florida Supreme Court has mandatory jurisdiction over—
- cases where capital punishment is imposed;
- appeals of the district court of appeals where a statute or part of the state constitution is held invalid;
- appeals regarding validation of bonds or indebtedness; and
- appeals from orders of state agencies regarding public utilities.
4
Q
Sunshine Law
A
- Under the Florida Constitution, the Sunshine Law provides that public bodies are required to provide notice to the public of any meetings and make public the records of any meetings between public figures, such as members of the legislature.
- The law does not apply to private entities.
5
Q
Separation of Powers:
Legislative Encroachment by Delegation
A
- A specific task allocated by the constitution cannot be delegated to another branch.
- The legislature cannot—
- compel the courts to act which it is impliedly doing when using words such as “shall” and “must” in a body of law;
- abolish a common law cause of action without providing a statutory alternative; nor
- endow judicial power to the executive beyond levying specific legal fines.
- However, the legislature can establish a civil traffic infraction quasi-court system.
6
Q
Separation of Powers:
Judicial Encroachment by Delegation
A
- A specific task allocated by the constitution cannot be delegated to another branch.
- Courts cannot delegate their powers to administrative agencies, including the issue of punishment and restitution
- Administrative officers or bodies may be granted quasi-judicial powers to carry out the functions of their offices and district courts of appeal may directly review administrative action, as provided by general law.
- No administrative agency may impose any other penalty, including monetary damages or fines, except as provided by law.
7
Q
Anti-Corruption Mechanisms
A
- Art. II, sec. 8 of the Florida Constitution creates the independent Florida Commission on Ethics that can investigate and report on breaches of the public trust by public officers or employees.
- Art. IV, sec. 7 gives the governor power to suspend from office any county officer for—
- malfeasance,
- misfeasance,
- neglect of duty,
- drunkenness,
- incompetence,
- permanent inability to perform official duties, or
- commission of a felony
8
Q
Conflict of Laws
A
- If a non-chartered county ordinance conflicts with a municipality ordinance, the municipality prevails.
- If a chartered county ordinance conflicts with a municipality ordinance, the county charter will contain a supremacy clause.
- If the law is related to services, the supremacy clause will indicate who prevails.
- If the law is regulatory (not services), the chartered county will prevail.
- If there is a conflict between a state and county law, the state law prevails.
9
Q
Supremecy Clause
A
The Supremacy Clause gives the state the right to restrict municipal ordinances that—
- are overreaching or
- may conflict with other laws,
- such as the state legislature limiting a municipality’s police powers.
10
Q
Separation of Powers: Encroachment
A
One branch of the government cannot encroach on any other branch and may not take over the powers and/or duties of another branch.
- A statute concerned with procedural matters is more likely to be subject to encroachment arguments.
11
Q
Florida Supreme Court:
Discretionary Jurisdiction
A
- The Florida Supreme Court has discretionary jurisdiction where—
- a state statute is declared valid;
- a provision of the state or U.S. Constitution is being construed;
- a class of constitutional or state officers is affected;
- there is a conflict with a decision of another district court of appeal or the Supreme Court;
- a case involves a question of great importance; and
- a decision is in conflict among district courts of appeal.
12
Q
Sunshine Law:
Government/Private Entity Intertwinement
A
- When government becomes so intertwined in private activities, the private entity may be considered a state actor, thus subjecting it to state regulations and requirements under the law.
- When the government engages in activities in the private sector which amount to more than mere planning or administration, then the private entity is considered a state actor.
- Generally, the government merely leasing property to a private entity is insufficient for a finding of government intertwinement.
- Even if government intertwinement is not found, the documents would likely be discoverable.
13
Q
Special Sessions
A
Special sessions may be called by the governor and are limited to the matters set forth in the governor’s proclamation, matters communicated by the governor, or matters agreed to by 2/3 vote in each house.
- A 3/5 vote of both houses is required to extend the special session beyond 20 consecutive days.
- A 2/3 vote of the particular house is required for any new business to be considered during any extension.
