State Power Flashcards
Florida State Power
The state of Florida as a sovereign has certain reserved powers known as police powers.
The state has the power to provide for the general welfare, health, safety, and morals of its citizens.
Declaration of Rights
Article I of the Florida Constitution contains more expressly articulated rights than those found in the U.S Constitution.
What are they?
- Right to privacy
- Right to work
- Right to access the courts
- Always address state action by the STATE or Federal Gov’t
- Always address preemption by State over County law.
- Always address standing
Equal Protection
Florida Constitution provides similar equal protections as the U.S. Constitution.
Florida Constitution expressly forbids discrimination based on race, religion, national origin, or physical disability. Thus, strict scrutiny is applied to these suspect classes.
EP-What are discriminatory suspect classes?
Race, national origin, alienage, physical disability
Strict Scrutiny judicial Review
EP-What are Fundamental Rights?
Privacy, travel, voting, First Amendment
Strict Scrutiny judicial Review
EP-Non-suspect classifications
Age and all other classifications
Reasonable Basis= The law is reasonably retaliated to a legitimate government purpose.
No intermediate scrutiny in FL
Due Process
The Florida Constitution provides that no person shall be deprived of life, liberty or property without due process of the law, or be twice put in jeopardy for the same offense, or be compelled in any criminal matter to be a witness against oneself.
Procedural Due Process
When someone is deprived of their due process rights under the Fourteenth Amendment they are entitled to a fair hearing. Florida state law extends to actions by private organizations acting like a quasi-public function.
- Notice+Hearing
- Right to appeal
- Right to a jury trial
Substantive Due Process
These are the same fundamental rights given by the U.S. Constitution, although Florida has made these rights stronger.
- All fundamental rights
- Right to possess property
- Privacy
- Jury trial
Search and Seizure
The Florida Constitution expressly guarantees the right of the people to be secure in their persons, houses, papers, and effects against unreasonable searches and seizures.
In addition to the Fourth Amend. rights, Florida follows the conformity of the U.S. Supreme Courts’ interpretation.
Can give more rights and protections to criminal defendants under the Fifth Amend. and Miranda.
Access to the Courts
The courts shall be open to every person for redress of any injury and justice shall be administered without sale, denial or delay.
Every person is guaranteed at least one appeal from a final order.
A law cannot abolish or restrict a person’s right to access the courts. If it does, it must provide a reasonable alternative, UNLESS:
- The state has a compelling public necessity; AND
- No alternative method of meeting the necessity can be established.
**If it proves 1. and 2. = state law can abolish or restrict access to the courts
Right to a Jury Trial
The constitutional right to a trial by a jury in all criminal and civil proceedings, except civil commitment, eminent domain, or equitable proceedings.
right to bail, pretrial release and detention
Right to Privacy
Unlike the U.S. Constitution, the right to privacy is expressly included in the Florida Constitution. Under Florida law, every person has the right to be let alone and free from governmental intrusion in her private life.
- Refusal of medical treatment
- Raising children
- Abortion-states interest compelling upon viability
Strict Scrutiny: Compelling state interest and the least intrusive means to obtain goal.
ACCESS TO PUBLIC RECORDS (FL Sunshine Law)
- Every person has the right to inspect or copy any public record, except those made confidential by Florida’s Constitution.
- FL’s Sunshine Law provides that all meetings of state or local government must be open and the public must be given notice of them.
- Exemptions: must state necessity + law no broader than necessary. (Redaction)
- Part of the right to privacy.
- State hires private company to perform government function—run jail or school→more the government controls, the more records must be open to public
RIGHT TO WORK (ORGANIZED LABOR)
*The FL Constitution prohibits union shops and provides no person may be denied a job because of membership or non-membership in a labor union.
- The right to work is a part of the FL Constitution Declaration of rights -> fundamental right. Strict Scrutiny applies.
- A union may not negotiate a K that would require employees to become union members or pay dues before, upon or after hiring.
- Applies to bond fact pattern (building stadium, no union workers allowed).
- Public employees have right to collective bargaining but NO right to strike.
SEPARATION OF POWERS
In contrast to the U.S. Constitution, the Florida Constitution expressly incorporates the doctrine of separation of powers, mandating the separation of the executive, judicial, and legislative branches of government.
- Encroachment: when one branch impedes on the function of another branch
- If violates delegation then it violates non-delegation doctrine.
LEGISLATIVE POWERS (LEGISLATIVE BRANCH)
Constitution allows FL Legislature to make substantive procedural rules.
- Substantive procedural rules: creates, defines and regulates rights. EX: Min. sentencing guidelines.
- Procedural rules: legal machinery by which the substantive law is made effective by the FL Supreme Court. EX: Service of documents, e-filing, 20 days to file an answer.
•Non-Delegation Doctrine: Legislature cannot delegate power to make law or fundamental policy decisions.
-May allow executive agencies to make rules via statute IF: Statute provides sufficient guidelines and standards so the agency merely implements policy, not determining themselves.
Exception: legislature may not delegate to an executive agency the right to define the elements of a crime or to create criminal penalties.
EXECUTIVE BRANCH
- Governor
- Power to appoint and possess clemency power.
- Executive orders: allows the governor to act as the legislature in emergency situations, may have criminal punishment, approach it like a statute on the exam.
•Veto power:
➢In session: within 7 consecutive days
➢Not in session or recess: 15 consecutive days
➢If no veto→becomes law as of date stated on bill.
VOTING FOR LAWS
•MAJORITY VOTE
➢Pass bills
➢Resolutions
➢Reapportionment
• FL Const. requires senators and representatives (both houses) be elected from districts apportioned on a one-person, one-vote basis.
• In regular session in 2nd year after each decennial census, both houses must be reapportioned by joint resolution, in to the following:
• At least 30, but not more than 40 senate districts AND
• At least 80 but not more than 120 house districts;
• Of contiguous, overlapping, or identical territory.
➢ Senate to convict a suspended state, county, or municipal officer.
• 3/5 VOTE:
➢Add prohibited subjects for special laws and general laws of local application.
•2/3 VOTE:
➢Waive 3 readings of a bill prior to passage.
➢Repeal rules of practice and procedure promulgated by Supreme Court.
REQUIREMENTS FOR LAWS
• Enacted laws must meet certain criteria to be valid:
➢ General Requirements:
1. Not vague (Test: avg person of common intelligence will understand what is prohibited/permitted - if not it is void on grounds of vagueness)
2. Not overbroad (cannot prohibit const. protected activities as well as activities that aren’t protected)
3. Reasonably related to public welfare
➢ Constitutional Requirements:
1. Single subject
2. Adequate title
3. Must reasonably lead to inquiry into the body of Act.
4. Set out in text
• Text of original statute being amended must be set out in the Act
5. Enacting clause
•”Be it enacted by the Legislature of the State of Florida”
CATEGORIES OF LAWS (GENERAL LAWS)
• General law : Apply uniformly statewide to all persons or circumstances.
➢General law of local application: Some general laws use a population or other criteria restricted to particular localities to get around special law requirements. No notice or referendum. It is facially applicable statewide, although it currently may have only only limited applicability.
➢A statute is a general law if it operates uniformly throughout the state even though it applies to only a classified group. Classification = must be a reasonable classification based on some difference reasonably related to the subject matter regulated.
➢General laws that clearly apply to known, specific individuals or geographic areas that exclude others are subject to attack both as equal protection violations and as improperly enacted special laws.
CATEGORIES OF LAWS (SPECIAL LAWS)
• Special law: Designed to operate on known, specific persons, or things or in a specifically indicated part of the state. Geographical. In order to pass:
➢Notice of intention to seek enactment in each affected county in newspaper OR
➢Referendum vote in area affected.
*A special law isn’t converted into a general law by legislature’s treating and passing it as a general law.
PROHIBITED SPECIAL LAWS/GENERAL LAWS OF LOCAL APPLICATION
•Prohibited Special Laws and General Laws of Local Application: *These must be uniform throughout the state ➢ Election ➢ Taxation ➢ Rules of Evidence ➢ Punishment for Crimes ➢ Petit Juries ➢ Change of Venue ➢ Creation of Liens ➢ Conditions precedent to civil or criminal proceedings ➢ Divorce ➢ Adoption ➢ Regulation of occupations
JUDICIAL BRANCH (COURT SYSTEM)
FL Constitution vests the judicial power in the Supreme Court, District Courts of Appeal, Circuit Courts, County Courts. No other courts may be established with the exception that the legislature may establish by general law a civil traffic hearing officer system to hear cases involving traffic infractions.
