Separation of Powers

Question 1

Encroachment

Answer 1

When one branch of gov’t usurps the function of another branch.

Question 2

Delegation

Answer 2

When one branch of gov’t delegates its responsibilities to another branch, it is in violation of the non-delegation doctrine.

Legislature cannot delegate the power to make law or fundamental policy decisions.
BUT
Executive agencies may make rules, as long as legislature provides sufficient guidelines and standards

Question 3

Florida Supreme Court

Answer 3

Shall adopt rules for practice and procedure in all courts.  
Procedural rules:
-Rules of Civil and Crim Procedure
-Filing deadlines
-Service of documents
-Expert Testimony standard (Daubert)

Question 4

Governor power to veto

Answer 4

Can veto a bill w/i 7 days after presentation

If legislature adjourns, Governor has 15 days to veto a bill.

Question 5

Impeachment

Answer 5

Governor, Lt Governor, Cabinet, Supreme Ct, DCA, Circuit Ct, and County Ct Judges may be impeached.
2/3 vote of House to impeach
2/3 vote of Senate to convict
(conviction removes official from office)

Question 6

Suspension

Answer 6

State and county officers not subject to impeachment can be suspended by governor.
Elected municipal officers can only be suspended if indicted for a crime.
Removal from office of a person suspended occurs by majority vote from Senate.

Question 7

Legislative Sessions

Answer 7

60 day Regular sessions. May be extended by super majority vote of both houses.

20 day Special sessions. Governor may call by proclamation stating purpose, and no other business may occur w/o 2/3 vote

Question 8

Removal

Answer 8

Each house determines its own rules and may punish for contempt.
Can expel member by 2/3 vote.

Question 9

Amendments to FL Constitution

Answer 9

1. By Legislature
   3/5 vote of each house to place amendment or revision on the ballot.
2. Revision Commission
   37 person commission that meets every 20 years to consider changes to the constitution.
3. By citizen initiative
   Must be signed by a sufficient number of electors in each of at least 1/2 of the congressional districts in the state.
   Need at least 8% of the votes cast in that distr in the preceding Presidential election.
   -One subject rule (strictly construed)
4. Constitutional Convention
   People may call a convention by petition signed by electors in at least 1/2 of congressional distr in the state. Need at least 15% of votes cast in the state as a whole in the preceding Presidential election.

Any proposed change must be approved by a vote of the electors.