Florida Constitution Quiz
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Questions and Answers

What is the primary source of political power according to Florida's Constitution?

  • The U.S. Federal Government
  • The people of Florida (correct)
  • State-appointed officials
  • Federal judges

Which amendment ensures that powers not delegated to the United States are reserved for the states?

  • 14th Amendment
  • 10th Amendment (correct)
  • 12th Amendment
  • 5th Amendment

Under what condition can the U.S. Supreme Court review a state court's decision regarding broader procedural protections?

  • If the state court requests it
  • If it is based on federal grounds (correct)
  • If the state constitution allows it
  • If there is a public interest involved

What does the Supremacy Clause ensure regarding federal law?

<p>It is supreme to state law unless specified otherwise (D)</p> Signup and view all the answers

What is the main principle behind the judicial system's reliance on precedent?

<p>Ensures consistency and predictability in the law (A)</p> Signup and view all the answers

What is explicitly stated in Article 1, Section 23 of the Florida Constitution?

<p>Natural persons have a right to privacy (C)</p> Signup and view all the answers

What factor may lead a court to retreat from following precedent?

<p>A clear demonstration that the precedent is erroneous (B)</p> Signup and view all the answers

What fundamental right is outlined in the First Article of the Florida Constitution?

<p>Right to Privacy (B)</p> Signup and view all the answers

Who is responsible for the direct supervision of department administration unless stated otherwise?

<p>The governor or appointed officers (A)</p> Signup and view all the answers

A legislation that attempts to overturn a fully litigated final judgment is considered what under the Florida state constitution?

<p>Unconstitutional (B)</p> Signup and view all the answers

What constitutes a 'purchase' as defined in this section?

<p>The transfer of money or other valuable consideration to the retailer (C)</p> Signup and view all the answers

Which of the following statements about concealed weapon permits is true?

<p>Concealed weapon permit holders are exempt from certain provisions of the law (A)</p> Signup and view all the answers

Which statement accurately describes a special law?

<p>It lacks statewide effect and targets specific areas. (A)</p> Signup and view all the answers

What must the government provide when seeking to pass a special law?

<p>Notice in a manner as per general law (B)</p> Signup and view all the answers

What is the primary role of the judiciary in relation to the legislature's actions?

<p>To interpret and rule on the laws enacted by the legislature (C)</p> Signup and view all the answers

What is the purpose of the separation of powers as outlined in Article II, Section 3?

<p>To prevent excessive centralized power and maintain balance between branches (D)</p> Signup and view all the answers

Which of the following accurately describes a general law?

<p>It has statewide applicability and classification. (D)</p> Signup and view all the answers

Which of the following is prohibited under Article II, Section 5 regarding public officers?

<p>Holding office in a foreign country and a Florida state office simultaneously (D)</p> Signup and view all the answers

What is considered an improper delegation of power in the context of the Florida state constitution?

<p>The legislature overturning a court ruling (A)</p> Signup and view all the answers

What does Article II, Section 8 emphasize about public office?

<p>It is a public trust that must be protected against abuse (A)</p> Signup and view all the answers

What is the waiting period for purchasing a handgun in Florida?

<p>Three days (A)</p> Signup and view all the answers

In the separation of powers, which branch has the authority to act on executive actions?

<p>Executive (B)</p> Signup and view all the answers

What type of jurisdiction do county courts have in Florida?

<p>Uniform jurisdiction prescribed by general law (A)</p> Signup and view all the answers

Which statement about tribal governments is accurate according to the provided content?

<p>Tribes have their own governments that operate independently (D)</p> Signup and view all the answers

Which of the following is NOT a responsibility of the Florida Supreme Court?

<p>Selecting judges for the circuit courts (B)</p> Signup and view all the answers

What is one restriction placed on judges in Florida as per Article V?

<p>Judges are not allowed to work in private practice (A)</p> Signup and view all the answers

What is the maximum duration a county judge can be temporarily assigned to assume jurisdiction of a case in circuit court?

<p>60 days (D)</p> Signup and view all the answers

What type of review do circuit courts have regarding county court cases?

<p>Appellate review when provided by general law (B)</p> Signup and view all the answers

Under which Article and Section do judges in Florida have rules regarding ethics and conduct?

<p>Article V, Section 13 (A)</p> Signup and view all the answers

Which of the following powers do circuit courts possess?

<p>Power to issue writs of mandamus and habeas corpus (C)</p> Signup and view all the answers

Who has the authority to fix the salaries of justices and judges in Florida?

<p>The state legislature (A)</p> Signup and view all the answers

What is the requirement for the Florida legislature to create or raise taxes?

<p>A supermajority vote of 2/3rds in both chambers (A)</p> Signup and view all the answers

What must happen for the Florida legislature to spend money?

<p>The legislature must pass a bill to appropriate funds (C)</p> Signup and view all the answers

Which category of taxes is explicitly limited to a five percent maximum in Florida?

<p>Corporate Income tax (A)</p> Signup and view all the answers

What does Article VII Section 19 specify about tax legislation in Florida?

<p>It must be a single-issue bill (B)</p> Signup and view all the answers

What type of funding reserve must Florida set aside annually?

<p>A rainy day fund of 5% (A)</p> Signup and view all the answers

What is considered a tax under Florida law?

<p>Any fee collected for licenses or permits (A)</p> Signup and view all the answers

In terms of governmental borrowing, what is primarily used by the state of Florida?

<p>Issuing debt instruments (B)</p> Signup and view all the answers

When applying for the Florida Bar, which of the following must an applicant be prepared to do?

<p>Sign a waiver of their right to privacy (D)</p> Signup and view all the answers

What is the maximum annual increase in the assessed value of homesteaded property according to the Save Our Homes Act?

<p>3% or the Consumer Price Index, whichever is less (B)</p> Signup and view all the answers

Under what condition does a homestead stop being classified as a homestead?

<p>The owner stops being a Florida resident (C)</p> Signup and view all the answers

Who has the power to levy Ad Valorem Taxes according to Article VII, Section 9?

<p>Local governments and special districts if authorized (B)</p> Signup and view all the answers

What must be true for a municipal property to be exempt from Ad Valorem Taxes under Article VII, Section 3?

<p>It must be owned and exclusively used by the municipality (D)</p> Signup and view all the answers

What does Article VII, Section 9(a) state about the authorization of local taxes?

<p>Local taxes must be authorized by general law (A)</p> Signup and view all the answers

Which of the following statements regarding government property taxes is correct?

<p>Properties used predominantly for educational or charitable purposes may be exempt (A)</p> Signup and view all the answers

Which of the following is a reason local governments can be authorized to levy other taxes?

<p>To provide essential public services (D)</p> Signup and view all the answers

What happens if a property is sold regarding its homestead status?

<p>It automatically loses its homestead status (C)</p> Signup and view all the answers

Flashcards

Florida Constitutional Power

All political power inherent in the people, as stated in Article 1, Section 1 of the Florida Constitution.

14th Amendment

Applies the federal Constitution to the states.

10th Amendment

Powers not delegated to the United States are delegated to the states.

Adequate State Grounds

Expressed state reasons supporting a state court's decision that are sufficient enough to avoid federal review.

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Supremacy Clause

Federal law is supreme to state law, unless there are adequate state grounds declared by the court.

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Right to Privacy (FL)

Article 1, Section 23 of the Florida Constitution; every person has the right to be free from government intrusion into their private life.

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Judicial Restraint

The idea that the judiciary should be cautious in overturning precedents.

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Federal Jurisdiction over State decisions

The federal court has the right to review state court decisions involving federal constitutional issues, unless the state court has explicitly stated that the decision is based solely on state grounds.

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Florida Gun Purchase Restriction

Florida law imposes a three-day waiting period for handgun purchases.

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Separation of Powers

Dividing state government power into legislative, executive, and judicial branches to prevent excessive power in one branch.

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Legislative Branch

The branch that creates laws in Florida's government.

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Executive Branch

The branch responsible for enforcing laws in Florida's government.

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Judicial Branch

The branch that interprets laws in Florida's government.

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Public Trust

A public office is considered a responsibility held for the benefit of the people.

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Dual Office Holding

A person cannot simultaneously hold offices in two different branches of government or hold higher offices in a different level of government.

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Florida Official Language

English is the official language of Florida.

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Governor's Administrative Power

The Florida Governor oversees the administration of state departments, with the ability to appoint officers and boards.

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Legislature's Role in Administration

The Florida Legislature cannot interfere with the Governor's administrative power, unless specifically provided by the constitution.

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Legislature vs. Judiciary

The Florida Legislature cannot overturn a final court decision, as this would be an improper delegation of power and encroachment on the judiciary's role.

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Governor vs. Judiciary

The Florida Governor cannot overturn a final court decision, as this is the judiciary's responsibility to rule on executive actions.

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Special Law

A law that applies to a specific area or group, not the entire state, like changing a town's borders.

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General Law

A law that applies to the entire state, even if it affects different areas differently.

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Notice for Special Laws

The government must provide notice to the public when passing a special law, according to specific procedures.

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Article III, Section 10

This section of the Florida Constitution outlines the requirements for passing special laws, including providing public notice.

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Florida Supreme Court's Power

The Florida Supreme Court has the authority to create rules for Florida courts, oversee lawyers and judges, and discipline them.

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Florida Judges' Restrictions

Judges in Florida cannot work in private practice, lobby, or hold office in a political party, but they can be members of organizations with political leanings.

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Administrative Action Review

When reviewing an administrative action, Florida courts will consider the case completely anew, not relying on the agency's interpretation.

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County Court Organization

Each Florida county has a county court with at least one judge, as determined by law.

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Circuit Court Jurisdiction

Florida circuit courts have original jurisdiction over cases not handled by county courts, can hear appeals, issue certain writs, and review administrative actions.

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Temporary Assignment of Judges

The Chief Justice of a circuit court can temporarily assign a county judge to handle cases in the circuit court.

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County Court Judge's Role

A county court judge can be temporarily assigned to a circuit court for a maximum of 60 days.

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Florida Judicial Salaries

Judges' salaries are set by the Florida legislature, not the courts themselves.

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FL Bar Admission

To be admitted to the Florida Bar, applicants must waive their right to privacy and disclose all requested information, even if confidential.

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FL Estate & Inheritance Tax

Florida does not have an estate tax, inheritance tax, or income tax. Instead, it primarily relies on sales tax and property tax.

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FL Balanced Budget

Florida's constitution requires a balanced budget each year, with no deficit spending.

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FL Tax Increase

To raise or eliminate state taxes in Florida, a supermajority (2/3rds) vote from both the House and Senate is needed, along with a single-issue bill.

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FL Rainy Day Fund

Florida has a "rainy day" fund that requires the legislature to set aside 5% of revenue annually until it reaches a cap.

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FL Government Revenue

Florida raises revenue through three main sources: taxes, fees, and issuing debt instruments (bonds).

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FL Bond

A bond is a debt instrument that promises to pay a specific amount at maturity, along with periodic interest.

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FL Corporate Income Tax

Florida limits corporate income tax to 5% unless a supermajority of both chambers approves a higher rate.

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Save Our Homes Act

A Florida law that limits the annual increase in assessed value of homesteaded property to 3% or the CPI (Consumer Price Index), whichever is less.

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Homestead Property

A property that is a Florida resident's primary residence and is eligible for tax benefits under the Save Our Homes Act.

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Ad Valorem Tax

A tax based on the assessed value of property.

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Who can levy Ad Valorem Taxes?

In Florida, only counties, municipalities, and special districts (if authorized by the state legislature) can levy ad valorem taxes. The state government cannot.

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Municipal Property Tax Exemption

Property owned and exclusively used by a municipality for a public service is exempt from ad valorem taxes.

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General Law vs. Special Law

General laws apply to the entire state, while special laws apply to specific areas or groups.

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Why does the state favor general laws?

The state wants to use general laws for taxation to make it more difficult for special interest groups to pass favorable tax laws and keep taxes low.

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Governmental-Propriety Property

Government-owned property used for a community purpose is tax-exempt, but property used for a private entity is generally not exempt unless it serves a specific purpose (e.g., education, religion).

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Study Notes

Florida Constitutional Law Outline

  • All political power inherent in the people.
  • The 14th Amendment applies the federal Constitution to the states.
  • The federal Constitution provides baseline rights for citizens.
  • The Florida Constitution adds to these rights.
  • The 10th Amendment delegates powers not given to the federal government to the states.
  • State constitutions protect citizens from government infringement of their natural liberties.
  • The U.S. Supreme Court reviews state court decisions based on separate, adequate, and independent state grounds.
  • The Supremacy Clause makes federal law supreme to state law unless there are adequate state grounds established by the state.
  • The Judicial Department is restrained by precedent.
  • The court will retreat from precedent if it is clearly erroneous.
  • The court is smaller because the judges must know a significant amount of laws.

Article I – Declaration of Rights

  • The First Article of the Florida Constitution defines the rights of Florida citizens.

The Right to Privacy

  • Every natural person has the right to be let alone and free from governmental intrusion into the person's private life.
  • This is the right to be free from governmental intrusion in a person's private life.
  • To overcome fundamental rights, Strict Scrutiny is required.
  • The statute must further a "compelling governmental interest," and must have narrowly tailored the law to achieve that interest. It must be the least restrictive measure.
  • A law is upheld if it is proven to achieve a compelling governmental purpose.
  • All natural persons, are equal before the law.
  • The right to enjoy and defend life and liberty, to pursue happiness.
  • No person shall be deprived of any right because of race, religion, national origin, or physical disability.
  • Corporations and animals are not protected.

Abortion v. the Right to Privacy

  • Strict scrutiny – balance the states interest in the child living and the ability of the mother to receive an abortion.
  • The court considered the text, the context, and the history of the statute.
  • The court considered Roe, in which the court did not explain why abortion had to do with privacy.
  • Abortion was not mentioned when discussing the privacy clause.

Assisted Suicide v. Right to Privacy

  • The Right to Privacy does not confer a right to die.
  • A statute that prohibits assisted suicide does not violate the privacy clause of the Florida Constitution.
  • The state has a compelling interest to prevent suicide, protect life, uphold medical oaths, and protect innocent third-parties.

Public Records v. Right To Privacy

  • Comply with Constitution, statute or rules or case law;
  • Protect trade secrets;
  • Protect government interests (safety);
  • To obtain evidence properly determine legal issues;
  • Need to balance right to information and privacy

Access to Public Records

  • Every person has the right to inspect or copy any public record.
  • Legislative, executive, and judicial branches of government are included.
  • Public records law applies to the judiciary
  • Use the four factors to determine if the information must be disclosed.

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Florida Constitutional Law Outline Fall 2024 PDF

Description

Test your knowledge on key principles of the Florida Constitution, including political power, amendments, and judicial review. This quiz covers important sections and principles that govern the state’s legal framework. Answer questions relating to the rights and powers outlined in the Constitution.

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