9.2 Florida State Government & the U.S. Legal System
Key Takeaways
- Florida's Legislature has a 40-member Senate (4-year terms) and a 120-member House (2-year terms), with eight-consecutive-year term limits and a 60-day annual regular session.
- Florida's executive branch includes the governor and an independently elected Cabinet of the Attorney General, Chief Financial Officer, and Commissioner of Agriculture.
- Florida's courts are the Supreme Court (7 justices), six District Courts of Appeal, 20 circuit courts, and 67 county courts; appellate judges face merit-retention votes.
- Criminal cases are brought by the government and require proof beyond a reasonable doubt; civil cases are brought by a plaintiff and require a preponderance of the evidence.
- Appellate courts review trial records for legal errors without new witnesses or juries, and the accused are protected by the Fourth, Fifth, Sixth, Eighth, and Fourteenth Amendments.
Florida State Government & the U.S. Legal System
Subtest 602 asks you to distinguish the structure, functions, and purposes of federal, state, and local government, and to identify and analyze the processes of the U.S. legal system. Section 9.1 covered the federal system and Florida's local governments. This section fills in the middle layer, Florida's state government, and then walks through how cases move through the courts.
The Florida Constitution and the Three Branches
Florida's current constitution was adopted in 1968. Like the U.S. Constitution, it separates power among three branches, but it gives voters a more direct role in changing it: a proposed amendment to the Florida Constitution needs approval from at least 60% of voters.
| Branch | Florida institution | Key facts |
|---|---|---|
| Legislative | The Florida Legislature: a 40-member Senate and a 120-member House of Representatives | Senators serve 4-year terms and representatives serve 2-year terms. Term limits cap service at 8 consecutive years in a chamber, and members must be at least 21. The Legislature meets in a 60-day regular session each year to pass laws and the state budget. |
| Executive | The Governor and Lieutenant Governor, plus the elected Cabinet: the Attorney General, the Chief Financial Officer, and the Commissioner of Agriculture | The governor serves a 4-year term (limited to two consecutive terms), must be at least 30, and must have lived in Florida for 7 years. The governor signs or vetoes bills, proposes the budget, and appoints many officials. Cabinet members are elected statewide, independently of the governor. |
| Judicial | The Florida Supreme Court (7 justices), six District Courts of Appeal, 20 circuit courts, and 67 county courts | Justices and appellate judges are appointed by the governor from lists prepared by judicial nominating commissions and then face yes/no merit-retention votes. Circuit court is the main trial court for serious cases, and county court handles misdemeanors and smaller civil cases. |
What the State Does
The Tenth Amendment reserves many functions to the states, and Florida's constitution adds its own commitments. Article IX requires the state to provide a "uniform, efficient, safe, secure, and high quality system of free public schools," overseen by the State Board of Education and the Commissioner of Education. The state also licenses drivers and professionals, including teachers; builds highways; runs state parks; manages natural resources such as the Everglades; and sets criminal and civil law.
Comparing the Three Levels
| Function | Federal | Florida (state) | Local (county/city/school district) |
|---|---|---|---|
| Makes laws | Congress | Florida Legislature | County commission, city council, school board |
| Chief executive | President | Governor | County administrator or mayor; city mayor or manager; superintendent |
| Courts | U.S. Supreme Court and federal courts | Florida Supreme Court and state courts | (County courts are part of the state system) |
| Example service | National defense, postal service | Public school standards, driver licenses | Fire rescue, local roads, school bus routes |
Processes of the U.S. Legal System
Sources of Law
Law comes from constitutions (federal and state), statutes passed by legislatures, regulations written by executive agencies, and case law: court decisions that serve as precedent for later cases.
Criminal Cases vs. Civil Cases
| Criminal case | Civil case | |
|---|---|---|
| Who brings it | The government (for example, State of Florida v. Smith) | A private party, the plaintiff, sues the defendant |
| Purpose | Punish a crime against society | Resolve a dispute over rights, money, property, or contracts |
| Standard of proof | Beyond a reasonable doubt | Preponderance of the evidence (more likely than not) |
| Possible outcomes | Fines, probation, jail or prison | Money damages, an order to act or stop acting (injunction) |
Steps in a Criminal Case
- Investigation and arrest: Police need probable cause to arrest. Suspects in custody must be warned of their rights before questioning (Miranda v. Arizona, 1966).
- First appearance and bail: A judge informs the accused of the charges and sets release conditions. The Eighth Amendment bars excessive bail.
- Formal charges and arraignment: The prosecutor files charges (or a grand jury indicts, as required for federal felonies and Florida capital cases), and the defendant enters a plea.
- Pretrial: Lawyers exchange evidence. Many cases end in a plea bargain.
- Trial: Jury selection, opening statements, witness testimony with cross-examination (the Sixth Amendment right to confront witnesses), closing arguments, jury instructions, and a verdict. Florida uses 12-person juries in capital cases and 6-person juries in other criminal cases.
- Sentencing, if the defendant is found guilty.
- Appeal: An appellate court reviews the trial record for legal errors. It does not hear new witnesses or empanel a jury. Florida appeals usually go to a District Court of Appeal, and some reach the Florida Supreme Court or, on federal questions, the U.S. Supreme Court.
Juvenile cases are handled in a separate system that emphasizes rehabilitation, and the proceedings are generally more confidential than adult court.
Rights That Protect the Accused
Due process of law (Fifth and Fourteenth Amendments); protection against unreasonable searches (Fourth); the right to remain silent and protection against double jeopardy (Fifth); speedy public trial, an impartial jury, and a lawyer (Sixth; Gideon v. Wainwright, 1963, a case that began in Florida, requires states to provide counsel to defendants who cannot afford one); and no excessive bail or cruel and unusual punishment (Eighth).
Teaching the Legal System
- Mock trials using fairy-tale cases (for example, The State v. Goldilocks) let students play judge, attorneys, witnesses, and jurors while learning roles and procedures.
- Classroom rule-making and consequences mirror the difference between making laws, enforcing them, and judging fairly.
- Case studies of students' own rights and responsibilities (for example, fair procedures before a school consequence) connect due process to their daily lives.
Which statement correctly describes the executive branch of Florida's state government?
A neighbor sues a homeowner, claiming that the homeowner's tree fell and damaged the neighbor's car. Which statement correctly describes this case?
After a jury convicts a defendant in a Florida circuit court, the defense argues that the judge wrongly allowed illegally obtained evidence. What happens on appeal?