1

Name of student

Name of professor

Course

Date

A comparison of legislative frameworks in Maryland and Florida

Introduction

The Gordon Rule is essential in facilitating students' admission in particular graduate

courses. The rule aims to remedy educational deficiencies. It involves setting a requirement

whereby each student who enrolls in a public college and passes the first two years should also

take a test to determine their mathematical and language skills, among other considerations. The

student should achieve a grade of 'C' or higher and participate in 12 hours regarding the English

language and some courses in humanities. The factor about word count was eliminated, but there

are still strict legislative frameworks that the Florida government imposes on students. This

paper will compare the legislative frameworks in Maryland and Florida State concerning any

possible similarities or differences that apply concerning legal frameworks in those two States.

In the case of Florida, the criminal integrity framework is essential as it elaborates the

procedures and organizations that countries and different States have developed to address the

fines and other penalties imposed on people who contravene particular regulations. It should be

noted that the U.S. has no solitary criminal justice framework. Consequently, the differences

(and similarities) in the arms of government in Maryland and Florida are justified. The legal
 2

provisions in those two States vary. The authority of the State influences the mode of operation

that is applicable in the criminal justice framework in each of the two States.

The legal frameworks in Maryland and Florida are similar because they share the same

administrative arms of government. The two states each have three legislative arms – the

legislature, the judiciary, and the executive. In each of the two States, the executive consists of

the governor, the DG (deputy governor), and a cabinet. According to Hasen (53), the governor is

the official who occupies the highest position in the government's executive branch. The DG

assists the governor concerning the performance of diverse tasks. However, the duties of the

D.G. are limited to the specifications and stipulations that the governor makes. The executive

arm of the government consists of the cabinet, and it contains state officials who work in

conjunction with the governor to ensure that executive policies are enforced.

The two States have many common legal structures. Each of the States has a legislature

composed of the lower and upper legislative houses that focus on developing appropriate laws

that are targeted at creating law and order (Wawro and Schickler 54). In addition, the judiciary in

each of the States comprises courts of varying jurisdictions responsible for interpreting the rules

that the legislature enacts.

In both Maryland and Florida, governors are allowed to serve two consecutive terms, but

that is the maximum period they can be in office. Smith (39) explains that each term that the

governor is elected is served for four years; therefore, the maximum period that a governor can

serve in each of these two States is eight years. According to the constitution in the two States,

the demise of a serving governor results in the lieutenant governor taking up the mantle until the

next election.
 3

Election laws and procedures are also similar in both Maryland and Florida. The policies

that apply to the election of the governor and other officials are the same in the two States.

Eligible citizens vote and choose their governors, DGs, and house members through a

democratic election process (Mason and Stephenson 78). Special boards facilitate the conduction

of elections. The panels should put in place measures that will enhance the credibility of the

election process and conformance with appropriate legislation. Some differences also

characterize the election process in the two States. The critical difference is that the timing of

elections is not the same. Elections in Florida are conducted on the first Tuesday in November

every four years, but in Maryland, they are performed on the second Tuesday in April (Mason

and Stephenson 79). Early voting does not apply in the Florida context.

The election laws in Florida have changed over time, and the two houses (the lower and

the upper one) seek to identify any gaps and adjust their current laws to address those gaps.

Smith (87) explains that up until the 19th century, the only white people that were 21 years or

above were eligible to vote in general elections. Women were not allowed to participate in the

election process. Non-Whites were also exempted from voting. That is a violation of the rights of

non-White individuals and members of the female gender. Lobby groups have made a significant

effort to criticize the practice of exclusion of women and non-Whites in the election process, and

lawmakers in Florida have now given women the opportunity to participate in elections as long

as they are aged 21 years or over. That development was very influential, and it caused the

volume of eligible voters to increase significantly. It is only through such an inclusionary system

that democracy can be enhanced.

Mason and Stephenson (112) cite the example of the 1944 case whereby the Florida

government was ordered by the Supreme Court to enable non-whites to be active participants in
 4

the election process. That situation caused a change in legislation concerning election laws, and

non-Whites can now vote (Mason and Stephenson 112). Presently, all eligible citizens in Florida

are allowed to vote in general elections regardless of their gender. Maryland has also introduced

new voting systems. In 2014 lawmakers in Maryland created a voter-verifiable record system in

voting, and it was a replacement of the traditional system that involved a touch screen approach.

This new system was expected to be superior (compared to the previous one), and it allows

verification and counterchecking of votes accuracy by the election board. The approach

improves the credibility of polls and election results. Further, it enables disabled people to vote

similar to other society members.

The two houses in the two States participate in treaty formulation and ensuring that the

laws that are created are aligned with the constitutions in those States. The constitution is a

crucial legislative instrument that might surpass other public legislation. The policy process is

significantly influenced by religion and some pressure groups through mobilization of parliament

members during the enactment of laws that are expected to serve the interests of all people in the

State.

The legislation composition also represents a key factor when comparing the legal

elements in Florida and Maryland. The two states have the lower and upper houses in their

legislative framework. The two houses work together to develop policies in each of the two

States. While Florida and Maryland share similarities in the composition of their legislation,

there are some differences. For instance, Florida's house consists of 120 individuals elected by

members of the general public (Mason and Stephenson 56).

The senate in Florida consists of 40 representatives elected by eligible citizens. While

members in the lower house serve four years, the upper house members serve two years.
 5

Filibusters apply in the two houses, which implies that the house members can influence the

speakers to adjourn house discussions and delay the bill to another date.

The composition of houses and the procedures followed in houses in Maryland are a little

different because compared to Florida (where there are 120 legislators), the number of legislators

is 141 members in Maryland. They serve for four years for an individual term, and there is no

limitation on the number of terms that a legislator can serve (Hasen 63). In the Upper House of

Florida, there are 40 members, but in Maryland, the elected members are 47. While members in

the Upper House in Florida serve a limited time (four years per term and a maximum of two

terms), members in the Upper House in Maryland can serve for any number of terms that they

wish. O'Neill (199) explains that it is common for filibusters to be exercised in both the Upper

and Lower Houses in Florida. However, they are not allowed in Maryland. Instead, the members

in Maryland Houses engage in constructive discussions of bills from start to conclusion once an

agenda is presented on the floor (Wawro and Schickler 76).

Regarding judicial appointments, the hiring of judges varies between Florida and

Maryland. The highest court in Florida is the Supreme Court, and it is made up of judges that the

Modified Missouri Plan appoints. That legislative plan is an arrangement whereby the

appropriate officials create a special commission that is expected to engage in the nomination of

judges. About 3 to 6 judges (whose qualifications match the preset requirements) get nominated

by the committee through reliance on their merit. The governor receives the list and officially

appoints the qualified judges before determining the specific courts they will be assigned to in

that State. If at any point the governor chooses to appoint an individual that has not been

included in the list from the commission, such an appointment is considered illegal and invalid.
 6

The objective of such as system is to establish fairness, equality, and conformance with a strict

framework that limits the governor's powers concerning the appointment of judges.

In Maryland, the situation is different because the Court of Appeal is the highest one. It

has jurisdiction to listen to all appeals forwarded by the lower courts. A special committee does

not nominate judges, but rather the governor has the authority to appoint judges without

consulting any other party, agency directly, or government official (Hasen 64). There has been

criticism directed at the legal framework in Maryland regarding the appointment of judges. In

particular, the arguments presented involve concerns about the independence of the judiciary and

the provision of high appointment powers to a single individual. The governor can exploit that

power to ask for favors from the executive and other legislative branches that might wish for one

of their acquaintances, friends, or family members to be appointed as judges. Due to that factor,

the judicial system in Florida is considered to be more independent and trustworthy than the

Maryland system of judicial appointments.

A sitting judge in Florida can serve for a maximum of 6 years, and then they are expected

to retire and engage in the appropriate procedures that would result in them being re-elected.

Through the appointment plan in the State, any qualified individual is eligible for re-election if

they are 70 years or below (Wawro and Schickler 76). Once a person reaches 70 years of age,

they must retire at the end of their term so that other new judges can be appointed. As Hasen (42)

explained, the legal system in Florida requires judges to be 70 years or younger. In Maryland, the

maximum period that a judge can serve is seven years, and after that, the governor can reappoint

them or be dismissed.

Similar to the Florida legal system, Maryland judges are not reappointed if their age

exceeds 70 years because it is the maximum retirement age, and their capability to perform
 7

optimally at such an age is questionable. Concerning the rights of suspected criminals, the legal

system in each of the two States applies equally.

Any suspected is expected to receive appropriate representation by a lawyer they choose,

and Smith (43) acknowledges that the same system is in place in Maryland. In each of those two

States, a suspect is entitled to choose the lawyer they desire. The suspect can either pick a public

or private lawyer. If a suspect does not have the needed finances to hire a private lawyer, they

can request a general lawyer. The government provides the public lawyer, and the suspect will

not incur any expenses when they receive the public lawyer's services.

Lynch et al. (24) also mention that the legal systems in Florida and Maryland are similar

because the constitution is respected as the supreme law. If any legislation does not align with

the constitution, it can be nullified and disregarded. In each of those two States, the governor can

guide other officials to develop and enact appropriate legislation.

Under the legal systems in Maryland and Florida, pressure groups strongly influence the

creation and adjustment of laws. The pressure groups that often participate in improving

legislation are human rights activities, non-governmental organizations, and the media. Their

efforts are usually targeted at enhancing the protection of the interests of citizens.

In each of the two States, there are correctional institutions expected to change criminals'

criminal behavior and make them productive members of society. If an individual passes through

the appropriate legal process and is found guilty of a crime, they are sent to a correctional

facility. Still, the chosen correctional institution that a criminal is sent to might differ based on

the nature of the crime that was done because the state-managed and federal correctional
 8

institutions are different. The number of people who are hosted in correctional institutions is high

every year, and this is a factor that illustrates the high crime prevalence in the two States.

Correctional facilities in Maryland and Florida host suspects and criminals who have not

been able to pay bail or have sufficient evidence of their engagement in criminal activity. As

opposed to Florida, where prison conditions are good, the prison conditions are not impressive in

Maryland. Fellow inmates mistreat the prisoners, and guards are also active participants in the

conduction of the mistreatments. There is also an issue of overcrowding, and the high number of

prisoners in the jails is associated with their lack of finances to pay bail and the high crime rates

in the two States. Prisons in Maryland also manifest poor sanitation, and recreational facilities

offered are not adequate to support the volume of prisoners assigned to the correctional

institutions in that State.

Even though prisoners in Maryland face many challenges, most of their rights are

respected. For example, inmates in Maryland prisons are entitled to visits by family members

regularly, and they are allowed to have conjugal rights when their spouses visit them. The prison

system in the two States could be enhanced if appropriate reforms were made regarding bail

requirements. The criminal system in Florida allows for the release of suspects if they pay the

chosen bail amount. Also, Lynch et al. (19) mention that once the court chooses an amount, the

defendant can use their funds or gather the needed funds from other people. When they pay that

amount, they are free to live in the civilian society while following the court proceedings that are

set up concerning their criminal case.

The situation is different in Maryland because criminal suspects are only allowed to leave

the correctional institutions if they pay cash bail, but the issue of personal recognizance is not

prioritized in the legal system in that State. In 2018, the situation worsened when Attorney
 9

General Frosh Brian argued that cash bail is an unconstitutional issue because some people spend

long periods in jail not because of their criminal charges but because they have no way of paying

the needed finances. According to Frosh, the government benefits from the suffering of citizens

who rely on that same government to uphold their rights to freedom and fair legal processes.

Conclusion

The United States has more than 50 States and in each of the States there are distinct

regulations that are in place to facilitate the creation of law and order. The laws in each of those

States might vary because of diverse factors that include social, economic, political,

technological and environmental variations. This paper has conducted a comparison of the

variations in legislation in two States – Florida and Maryland. The determination that has been

made is that in Florida, the policymakers have set up a very recommendable legal framework

that facilitates effective performance of local government issues, including the incarceration of

criminals, use of cash bail, and appointment of judges. The constitutions in Maryland and Florida

are different but at least the legislations in Florida are better compared to Maryland.

A key similarity that has been identified in this paper in relation to the legal structures

between Maryland and Florida is that in each of the two States, there are three main arms of

government (the legislature, the judiciary and the executive). Further. It has been shown that the

governor has a key responsibility in making up the executive and he or she works in conjunction

with the cabinet and the deputy governor to ensure that the appointed judges match the needed

qualifications. The elected lawmakers in Maryland and Florida make an attempt to establish a

strong framework that facilitate enactment of key legislation. Even though there are variations in

the two State's legal frameworks, the final outcome is that the creation of law and order in those

two states has been achieved effectively. The key leaders serve varying terms, but the important
 10

factor is that when they are in office, they perform their duties well and uphold the

accountability, transparency, and reliability that is expected of them by citizens. It should be

noted that perhaps it is recommendable for some reforms to be made in the Maryland legislative

framework to enable prisoners to enjoy better conditions. Additionally, the assertion that Frosh

made regarding cash bail might be true because it is necessary for suspected criminals to be free

even though they do not have adequate funds to pay cash bail. It is because of the cash bail issue

that the prisons in Maryland are overcrowded. If the cash bail issue could be addressed well, the

living conditions of prisoners in Maryland jails could be improved.

Works Cited

Hasen, Richard. The Voting Wars: From Florida 2000 to the Next Election Meltdown. Yale

University Press, 2012.

Lynch, Michael, et al. “Procedural Uncertainty, the Parliamentarian, and Questions of Order in

the United States Senate.” Parliamentarian. 2011.

https://spia.uga.edu/faculty_pages/ajmadonn/Parliamentarian.pdf
 11

Mason, Alpheus, and Grier Stephenson. American Constitutional Law: Introductory Essays and

Selected Cases. Routledge, 2015.

O’Neill, Erin. “When Winning Comes First, Students and the Community Lose: Handling

Student-Athlete Sexual Assault Scandals.” Sports Law Journal, vol. 25, no. 1, 2018, 199-

201.

Smith, Steven. The Senate Syndrome: The Evolution of Procedural Warfare in the Modern U.S.

Senate. University of Oklahoma Press, 2014.

Wawro, Gregory, and Eric Schickler. Filibuster: Obstruction and Lawmaking in the U.S. Senate.

Princeton University Press, 2013.