Florida Courts Scavenger Hunt The Courts and the Constitution of the State of Florida

Defining the Constitution of the State of Florida The Florida Legislature website defines the Florida Constitution as an organized system of fundamental principles for the government of the state. It is of a permanent and general nature and originates from the people rather than from the Legislature. http://www.leg.state.fl.us/Statutes/index.cfm?Tab=statutes&submenu=-1&CFID=16929098&CFTOKEN=84912195 This is the definition of the Florida Constitution as stated in the Florida Legislature’s website.

Comparing Constitutions U.S. Constitution Sets up the structure of federal government Limits the powers of the government Bill of Rights Outlines two amendment processes Highest law in the United States Florida Constitution Sets up the structure of state government Limits the powers of the state government Declaration of Rights Outlines five amendment processes Highest state law in Florida What are the differences between a state and a federal constitution? Highlight that the US Constitution provides for the structure and function of our federal government and the Florida Constitution provides for the structure and function of our state government. Highlight other differences.

Provisions of the Florida Constitution Preamble Article I: Declaration of Rights Article II: General Provisions Article III: Legislature Article IV: Executive Article V: Judiciary Article VI: Suffrage and Elections Article VII: Finance and Taxation Article VIII: Local Government Article IX: Education Article X: Miscellaneous Article XI: Amendments Article XII: Schedule Highlight an outline of the Florida Constitution. Note that Articles are general categories within the Constitution. Sort of like chapters in a book. Mention that the Florida Constitution has a preamble statement, twelve articles and over one hundred amendments (since 1970). Emphasize again that the Florida Constitution addresses the structure and function of state government while the US Constitution addresses the structure and function of the federal government. Highlight differences between the state and federal constitutions such as Article IX of the Florida Constitution (education). The word education does not appear in the federal constitution. Address similarities between the two documents as well such as the three branches of government.

Constitutions v. Statutes What is the difference between a constitution and a statute? Constitution of the State of Florida Generally, constitutions are of a more permanent and general nature. There are specific processes to amend constitutions. Voters ultimately decide in Florida what changes are made. Statutes (state laws) are typically more specific and detailed and may change annually through the legislative process (how a bill becomes a law). Statutes are intended to be changed over time in response to current issues impacting the state. While changes to a state constitution may at times be warranted, it is important to recognize that state statutes may sometimes be better suited for addressing some issues. According to the Florida Legislature, Florida statutes are a permanent collection of state laws organized by subject area into a code made up of titles, chapters, parts, and sections. The Florida Statutes are updated annually by laws that create, amend, transfer, or repeal statutory material. In a 1993 Florida Supreme Court decision, Justice Parker Lee McDonald stated: “The legal principles in the state constitution inherently command a higher status than any other legal rules in our society. By transcending time and changing political mores, the constitution is a document that provides stability in the law and society's consensus on general, fundamental values. Statutory law, on the other hand, provides a set of legal rules that are specific, easily amended, and adaptable to the political, economic, and social changes of our society.”

The hunt is on! Using the Constitution of the State of Florida, work in teams to find the answer to the question in each category. Be sure to cite where the answer is found!

FINAL EXAM THE FLORIDA CONSTITUTION QUALIFICATIONS OF JUDGES RETIREMENT THE JUDICIAL BRANCH JURISDICTION JUDICIAL BEHAVIOR SUPREME COURT JUSTICES JUDICIAL SALARIES JUDICIAL DUTIES THE COURTS FINAL EXAM 7

The Florida Constitution What Article in the Florida Constitution establishes the judicial branch?

Article V of the Florida Constitution ANSWER: Article V of the Florida Constitution Return to the map

Judicial Duties In addition to their judicial duties, judges and justices can: A. Practice law part-time B. Hold office in a political party C. Serve as corporate counsel D. All of the above E. A and C only F. None of the above

ANSWER: F. None of the above. Article V Section 13 Return to the map

Judicial Salaries Identify the branch of government responsible for determining the salaries of judges. Executive Branch Judicial Branch Legislative Branch

The Legislative Branch ANSWER: The Legislative Branch All justices and judges shall be compensated only by state salaries fixed by general law. Article V Section 14(a) Return to the map

The Courts The Florida Constitution established four levels of courts in Florida. These include county courts and circuit courts as well as two others. Name the two other levels of courts in Florida.

District Courts of Appeal ANSWER: FL Supreme Court District Courts of Appeal Circuit Courts County Courts The Florida Supreme Court and the District Courts of Appeal. Article V Section 1 Return to the map

Retirement According to the Florida Constitution, what is the mandatory retirement age for judges in Florida? 16

ANSWER: :No justice or judge shall serve after attaining the age of seventy-five years except upon temporary assignment. See Article V Section 8 Identify when this takes effect; what the age was prior to the constitutional amendment, and how this became a constitutional amendment. Return to the map 17

Discipline Who investigates and recommends to the Florida Supreme Court the removal from office or discipline of any judge? A. The Governor B. The Chief Justice C. The Judicial Qualifications Commission D. The Judicial Nominating Commission

C. The Judicial Qualifications Commission ANSWER: C. The Judicial Qualifications Commission Article V Section 12 Return to the map 19

Jurisdiction Which court hears appeals from final judgments of trial courts imposing the death penalty? A. Circuit Court B. District Courts of Appeal C. Florida Supreme Court

C. The Florida Supreme Court ANSWER: C. The Florida Supreme Court Article V Section 3b(1) Return to the map 21

Who divides the state into appellate districts and judicial circuits? What do you think? Who divides the state into appellate districts and judicial circuits? 22

ANSWER: The Legislature divides the state into appellate districts and judicial circuits. Article V Section 1 Return to the map 23

Supreme Court Justices How does the Florida Constitution ensure that justices on the Supreme Court come from different areas of the state? 24

ANSWER: Article V Section 3 (a) provides geographic requirements. Bonus! What are the requirements? Of the seven justices, each appellate district shall have at least one justice elected or appointed from the district to the supreme court who is a resident of the district at the time of the original appointment or election.  Return to the map 25

Qualifications of Judges According to the Florida Constitution, how many years must an attorney have been a member of The Florida Bar to be eligible to serve as a circuit judge? A Supreme Court justice? 26

ANSWER: Article V Section 8 of the Florida Constitution states that no person is eligible for the office of circuit judge unless the person is, and has been for the preceding five years, a member of the Bar of Florida. The office of Supreme Court justice, ten years. Return to the map 27

Choose your Final Exam Question:

Final Exam When a justice or judge qualifies for retention, the ballot shall read substantially as follows: “Shall Justice (or Judge)   (name of justice or judge)   of the   (name of the court)   be retained in office?” If a majority of the qualified electors voting within the territorial jurisdiction of the court vote to retain, the justice or judge shall be retained for a term of _______ years.

Return to the final exam ANSWER: Six (6) Article V Section 10 (a) Return to the final exam

Final Exam Who has exclusive jurisdiction to regulate the admission of persons to the practice of law and the discipline of persons admitted? A. The Florida Bar B. The Legislature C. The Florida Supreme Court D. The Governor

ANSWER: The Supreme Court of Florida Article V Section 15 Return to the final exam

Well done! You did a GREAT JOB!!!