FBBE Florida Constitutional Law Questions and Answers

Question 1

A Florida resident owns a one-acre parcel of land located entirely within the city limits of Miami.
The resident's home is situated on the property, which they claim as their homestead for creditor protection purposes.
A creditor obtains a judgment against the resident for an unpaid credit card debt.
Which of the following accurately describes the extent of homestead protection the resident has from this judgment creditor?

Accepted Answer

Only one-half acre of the contiguous land, including the residence, is exempt from forced sale.

Answer

The entire one-acre parcel is exempt because the home is located on it.

Answer

The property is not protected because homestead protection does not apply to debts incurred within a municipality.

Answer

Protection is limited to a monetary value of $50,000, regardless of the acreage.

Question 2

The Florida Legislature passes a comprehensive bill during its regular session. The bill, titled 'An act relating to public safety,' includes provisions that (1) increase the penalties for felony DUIs, (2) establish new training requirements for law enforcement officers, and (3) redirect funds from public education to build a new state prison. A citizens' group challenges the validity of the law. What is the strongest constitutional basis for their challenge?

Accepted Answer

The law violates the single-subject rule as stated in the Florida Constitution.

Answer

The law violates the separation of powers doctrine by interfering with the executive branch's duty to manage prisons.

Answer

The law is an unconstitutional special law because it only affects certain state agencies.

Answer

The law impairs the obligation of contracts by redirecting previously allocated funds.

Question 3

Which of the following is NOT a valid method for proposing an amendment to the Florida Constitution?

Accepted Answer

An executive order by the Governor, subsequently ratified by a simple majority of the legislature.

Answer

A joint resolution by a three-fifths vote of the membership of each house of the legislature.

Answer

A proposal by the Constitution Revision Commission, which convenes every 20 years.

Answer

A citizen initiative petition signed by a number of electors equal to 8% of the votes cast in the last presidential election, from at least half of the congressional districts.

Question 4

A new state statute requires all individuals seeking a license to operate a hot dog stand to submit to a mandatory DNA test, with the sample stored in a state database for public health research. A group of vendors challenges the law under the Florida Constitution. How will a Florida court most likely analyze the constitutionality of this statute?

Accepted Answer

Under strict scrutiny, because Florida's express right to privacy is implicated by the mandatory collection of DNA.

Answer

Under rational basis review, because it involves economic regulation and public health.

Answer

The law is presumed valid unless it has no conceivable rational relationship to a legitimate government interest.

Answer

By applying the conformity clause, which requires the court to follow U.S. Supreme Court precedent on Fourth Amendment searches.

Question 5

To reduce court backlogs, the Florida Legislature passes a law completely abolishing the common law cause of action for negligence and provides no alternative remedy for those injured by the carelessness of others. The statute is challenged by an individual who was injured in a car accident. On what grounds is this law most likely to be found unconstitutional in Florida?

Accepted Answer

Violation of the constitutional right of access to courts.

Answer

Violation of the right to substantive due process.

Answer

Encroachment on the judiciary's power to define common law causes of action.

Answer

Impairment of the obligation of contracts.

Question 6

The Florida Legislature passes a statute creating a 'Legislative Veto Committee,' composed of six state representatives and six state senators. The statute grants this committee the power to nullify any rule promulgated by an executive branch agency if the committee deems the rule to be an overreach of the agency's statutory authority. An executive agency, whose rule was nullified by the committee, challenges the statute. What is the most likely outcome?

Accepted Answer

The statute is unconstitutional as it violates the separation of powers doctrine.

Answer

The statute is constitutional because the legislature has inherent authority to oversee the executive branch.

Answer

The statute is constitutional as a valid delegation of legislative power.

Answer

The statute is unconstitutional because it lacks a sufficiently clear standard for the committee to apply.