Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 140
       
       
       
       
       
       
                                Barcode 297918                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: RS            .                                
                  01/18/2011           .                                
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       The Committee on Judiciary (Richter) recommended the following:
    1         Senate Amendment (with title amendment)
    2         Delete everything after the resolving clause
    3  and insert:
    4         That the following amendments to Sections 8 and 20 of
    5  Article V of the State Constitution are agreed to and shall be
    6  submitted to the electors of this state for approval or
    7  rejection at the next general election or at an earlier special
    8  election specifically authorized by law for that purpose:
    9                              ARTICLE V                            
   10                              JUDICIARY                            
   11         SECTION 8. Eligibility.—No person shall be eligible for
   12  office of justice or judge of any court unless the person is an
   13  elector of the state and resides in the territorial jurisdiction
   14  of the court. No justice or judge shall serve after attaining
   15  the age of seventy years except upon temporary assignment or to
   16  complete a term, one-half of which has been served. No person is
   17  eligible for the office of justice of the supreme court, or
   18  judge of a district court of appeal, circuit court judge, or
   19  county court judge unless the person is, and has been for the
   20  preceding ten years, a member of the bar of Florida. No person
   21  is eligible for the office of circuit judge unless the person
   22  is, and has been for the preceding five years, a member of the
   23  bar of Florida. Unless otherwise provided by general law, no
   24  person is eligible for the office of county court judge unless
   25  the person is, and has been for the preceding five years, a
   26  member of the bar of Florida. Unless otherwise provided by
   27  general law, a person shall be eligible for election or
   28  appointment to the office of county court judge in a county
   29  having a population of 40,000 or less if the person is a member
   30  in good standing of the bar of Florida.
   31         Section 20 Schedule to Article V.—
   32         (a) This article shall replace all of Article V of the
   33  Constitution of 1885, as amended, which shall then stand
   34  repealed.
   35         (b) Except to the extent inconsistent with the provisions
   36  of this article, all provisions of law and rules of court in
   37  force on the effective date of this article shall continue in
   38  effect until superseded in the manner authorized by the
   39  constitution.
   40         (c) After this article becomes effective, and until changed
   41  by general law consistent with sections 1 through 19 of this
   42  article:
   43         (1) The supreme court shall have the jurisdiction
   44  immediately theretofore exercised by it, and it shall determine
   45  all proceedings pending before it on the effective date of this
   46  article.
   47         (2) The appellate districts shall be those in existence on
   48  the date of adoption of this article. There shall be a district
   49  court of appeal in each district. The district courts of appeal
   50  shall have the jurisdiction immediately theretofore exercised by
   51  the district courts of appeal and shall determine all
   52  proceedings pending before them on the effective date of this
   53  article.
   54         (3) Circuit courts shall have jurisdiction of appeals from
   55  county courts and municipal courts, except those appeals which
   56  may be taken directly to the supreme court; and they shall have
   57  exclusive original jurisdiction in all actions at law not
   58  cognizable by the county courts; of proceedings relating to the
   59  settlement of the estate of decedents and minors, the granting
   60  of letters testamentary, guardianship, involuntary
   61  hospitalization, the determination of incompetency, and other
   62  jurisdiction usually pertaining to courts of probate; in all
   63  cases in equity including all cases relating to juveniles; of
   64  all felonies and of all misdemeanors arising out of the same
   65  circumstances as a felony which is also charged; in all cases
   66  involving legality of any tax assessment or toll; in the action
   67  of ejectment; and in all actions involving the titles or
   68  boundaries or right of possession of real property. The circuit
   69  court may issue injunctions. There shall be judicial circuits
   70  which shall be the judicial circuits in existence on the date of
   71  adoption of this article. The chief judge of a circuit may
   72  authorize a county court judge to order emergency
   73  hospitalizations pursuant to Chapter 71-131, Laws of Florida, in
   74  the absence from the county of the circuit judge and the county
   75  court judge shall have the power to issue all temporary orders
   76  and temporary injunctions necessary or proper to the complete
   77  exercise of such jurisdiction.
   78         (4) County courts shall have original jurisdiction in all
   79  criminal misdemeanor cases not cognizable by the circuit courts,
   80  of all violations of municipal and county ordinances, and of all
   81  actions at law in which the matter in controversy does not
   82  exceed the sum of two thousand five hundred dollars ($2,500.00)
   83  exclusive of interest and costs, except those within the
   84  exclusive jurisdiction of the circuit courts. Judges of county
   85  courts shall be committing magistrates. The county courts shall
   86  have jurisdiction now exercised by the county judge’s courts
   87  other than that vested in the circuit court by subsection (c)(3)
   88  hereof, the jurisdiction now exercised by the county courts, the
   89  claims court, the small claims courts, the small claims
   90  magistrates courts, magistrates courts, justice of the peace
   91  courts, municipal courts and courts of chartered counties,
   92  including but not limited to the counties referred to in Article
   93  VIII, sections 9, 10, 11 and 24 of the Constitution of 1885.
   94         (5) Each judicial nominating commission shall be composed
   95  of the following:
   96         a. Three members appointed by the Board of Governors of The
   97  Florida Bar from among The Florida Bar members who are actively
   98  engaged in the practice of law with offices within the
   99  territorial jurisdiction of the affected court, district or
  100  circuit;
  101         b. Three electors who reside in the territorial
  102  jurisdiction of the court or circuit appointed by the governor;
  103  and
  104         c. Three electors who reside in the territorial
  105  jurisdiction of the court or circuit and who are not members of
  106  the bar of Florida, selected and appointed by a majority vote of
  107  the other six members of the commission.
  108         (6) No justice or judge shall be a member of a judicial
  109  nominating commission. A member of a judicial nominating
  110  commission may hold public office other than judicial office. No
  111  member shall be eligible for appointment to state judicial
  112  office so long as that person is a member of a judicial
  113  nominating commission and for a period of two years thereafter.
  114  All acts of a judicial nominating commission shall be made with
  115  a concurrence of a majority of its members.
  116         (7) The members of a judicial nominating commission shall
  117  serve for a term of four years except the terms of the initial
  118  members of the judicial nominating commissions shall expire as
  119  follows:
  120         a. The terms of one member of category a. b. and c. in
  121  subsection (c)(5) hereof shall expire on July 1, 1974;
  122         b. The terms of one member of category a. b. and c. in
  123  subsection (c)(5) hereof shall expire on July 1, 1975;
  124         c. The terms of one member of category a. b. and c. in
  125  subsection (c)(5) hereof shall expire on July 1, 1976;
  126         (8) All fines and forfeitures arising from offenses tried
  127  in the county court shall be collected, and accounted for by
  128  clerk of the court, and deposited in a special trust account.
  129  All fines and forfeitures received from violations of ordinances
  130  or misdemeanors committed within a county or municipal
  131  ordinances committed within a municipality within the
  132  territorial jurisdiction of the county court shall be paid
  133  monthly to the county or municipality respectively. If any costs
  134  are assessed and collected in connection with offenses tried in
  135  county court, all court costs shall be paid into the general
  136  revenue fund of the state of Florida and such other funds as
  137  prescribed by general law.
  138         (9) Any municipality or county may apply to the chief judge
  139  of the circuit in which that municipality or county is situated
  140  for the county court to sit in a location suitable to the
  141  municipality or county and convenient in time and place to its
  142  citizens and police officers and upon such application said
  143  chief judge shall direct the court to sit in the location unless
  144  the chief judge shall determine the request is not justified. If
  145  the chief judge does not authorize the county court to sit in
  146  the location requested, the county or municipality may apply to
  147  the supreme court for an order directing the county court to sit
  148  in the location. Any municipality or county which so applies
  149  shall be required to provide the appropriate physical facilities
  150  in which the county court may hold court.
  151         (10) All courts except the supreme court may sit in
  152  divisions as may be established by local rule approved by the
  153  supreme court.
  154         (11) A county court judge in any county having a population
  155  of 40,000 or less according to the last decennial census, shall
  156  not be required to be a member of the bar of Florida.
  157         (12) Municipal prosecutors may prosecute violations of
  158  municipal ordinances.
  159         (13) Justice shall mean a justice elected or appointed to
  160  the supreme court and shall not include any judge assigned from
  161  any court.
  162         (d) When this article becomes effective:
  163         (1) All courts not herein authorized, except as provided by
  164  subsection (d)(4) of this section shall cease to exist and
  165  jurisdiction to conclude all pending cases and enforce all prior
  166  orders and judgments shall vest in the court that would have
  167  jurisdiction of the cause if thereafter instituted. All records
  168  of and property held by courts abolished hereby shall be
  169  transferred to the proper office of the appropriate court under
  170  this article.
  171         (2) Judges of the following courts, if their terms do not
  172  expire in 1973 and if they are eligible under subsection (d)(8)
  173  hereof, shall become additional judges of the circuit court for
  174  each of the counties of their respective circuits, and shall
  175  serve as such circuit judges for the remainder of the terms to
  176  which they were elected and shall be eligible for election as
  177  circuit judges thereafter. These courts are: civil court of
  178  record of Dade county, all criminal courts of record, the felony
  179  courts of record of Alachua, Leon and Volusia Counties, the
  180  courts of record of Broward, Brevard, Escambia, Hillsborough,
  181  Lee, Manatee and Sarasota Counties, the civil and criminal court
  182  of record of Pinellas County, and county judge’s courts and
  183  separate juvenile courts in counties having a population in
  184  excess of 100,000 according to the 1970 federal census. On the
  185  effective date of this article, there shall be an additional
  186  number of positions of circuit judges equal to the number of
  187  existing circuit judges and the number of judges of the above
  188  named courts whose term expires in 1973. Elections to such
  189  offices shall take place at the same time and manner as
  190  elections to other state judicial offices in 1972 and the terms
  191  of such offices shall be for a term of six years. Unless changed
  192  pursuant to section nine of this article, the number of circuit
  193  judges presently existing and created by this subsection shall
  194  not be changed.
  195         (3) In all counties having a population of less than
  196  100,000 according to the 1970 federal census and having more
  197  than one county judge on the date of the adoption of this
  198  article, there shall be the same number of judges of the county
  199  court as there are county judges existing on that date unless
  200  changed pursuant to section 9 of this article.
  201         (4) Municipal courts shall continue with their same
  202  jurisdiction until amended or terminated in a manner prescribed
  203  by special or general law or ordinances, or until January 3,
  204  1977, whichever occurs first. On that date all municipal courts
  205  not previously abolished shall cease to exist. Judges of
  206  municipal courts shall remain in office and be subject to
  207  reappointment or reelection in the manner prescribed by law
  208  until said courts are terminated pursuant to the provisions of
  209  this subsection. Upon municipal courts being terminated or
  210  abolished in accordance with the provisions of this subsection,
  211  the judges thereof who are not members of the bar of Florida,
  212  shall be eligible to seek election as judges of county courts of
  213  their respective counties.
  214         (5) Judges, holding elective office in all other courts
  215  abolished by this article, whose terms do not expire in 1973
  216  including judges established pursuant to Article VIII, sections
  217  9 and 11 of the Constitution of 1885 shall serve as judges of
  218  the county court for the remainder of the term to which they
  219  were elected. Unless created pursuant to section 9, of this
  220  Article V such judicial office shall not continue to exist
  221  thereafter.
  222         (6) By March 21, 1972, the supreme court shall certify the
  223  need for additional circuit and county judges. The legislature
  224  in the 1972 regular session may by general law create additional
  225  offices of judge, the terms of which shall begin on the
  226  effective date of this article. Elections to such offices shall
  227  take place at the same time and manner as election to other
  228  state judicial offices in 1972.
  229         (7) County judges of existing county judge’s courts and
  230  justices of the peace and magistrates’ court who are not members
  231  of bar of Florida shall be eligible to seek election as county
  232  court judges of their respective counties.
  233         (8) No judge of a court abolished by this article shall
  234  become or be eligible to become a judge of the circuit court
  235  unless the judge has been a member of bar of Florida for the
  236  preceding five years.
  237         (9) The office of judges of all other courts abolished by
  238  this article shall be abolished as of the effective date of this
  239  article.
  240         (10) The offices of county solicitor and prosecuting
  241  attorney shall stand abolished, and all county solicitors and
  242  prosecuting attorneys holding such offices upon the effective
  243  date of this article shall become and serve as assistant state
  244  attorneys for the circuits in which their counties are situate
  245  for the remainder of their terms, with compensation not less
  246  than that received immediately before the effective date of this
  247  article.
  248         (e) LIMITED OPERATION OF SOME PROVISIONS.—
  249         (1) All justices of the supreme court, judges of the
  250  district courts of appeal and circuit judges in office upon the
  251  effective date of this article shall retain their offices for
  252  the remainder of their respective terms. All members of the
  253  judicial qualifications commission in office upon the effective
  254  date of this article shall retain their offices for the
  255  remainder of their respective terms. Each state attorney in
  256  office on the effective date of this article shall retain the
  257  office for the remainder of the term.
  258         (2) No justice or judge holding office immediately after
  259  this article becomes effective who held judicial office on July
  260  1, 1957, shall be subject to retirement from judicial office
  261  because of age pursuant to section 8 of this article.
  262         (f) Until otherwise provided by law, the nonjudicial duties
  263  required of county judges shall be performed by the judges of
  264  the county court.
  265         (g) All provisions of Article V of the Constitution of
  266  1885, as amended, not embraced herein which are not inconsistent
  267  with this revision shall become statutes subject to modification
  268  or repeal as are other statutes.
  269         (h) The requirements of section 14 relative to all county
  270  court judges or any judge of a municipal court who continues to
  271  hold office pursuant to subsection (d)(4) hereof being
  272  compensated by state salaries shall not apply prior to January
  273  3, 1977, unless otherwise provided by general law.
  274         (i) DELETION OF OBSOLETE SCHEDULE ITEMS.—The legislature
  275  shall have power, by concurrent resolution, to delete from this
  276  article any subsection of this section 20 including this
  277  subsection, when all events to which the subsection to be
  278  deleted is or could become applicable have occurred. A
  279  legislative determination of fact made as a basis for
  280  application of this subsection shall be subject to judicial
  281  review.
  282         (j) EFFECTIVE DATE.—Unless otherwise provided herein, this
  283  article shall become effective at 11:59 o’clock P.M., Eastern
  284  Standard Time, January 1, 1973.
  285         (k) QUALIFICATIONS OF CIRCUIT AND COUNTY COURT JUDGES.-The
  286  amendment to Section 8 changing the qualifications of circuit
  287  judges and county court judges shall take effect January 9,
  288  2013. The amendment does not affect any judge in office on the
  289  effective date of the amendment. Any judge qualified to hold
  290  office and in office on January 8, 2013, shall remain in office
  291  and shall be eligible to seek reelection to such judicial office
  292  in the future regardless of whether such judge has been a member
  293  of The Florida Bar for the previous ten years. This subsection
  294  expires and shall be deleted on January 10, 2025.
  295                      CONSTITUTIONAL AMENDMENT                     
  296                    ARTICLE V, SECTIONS 8 AND 20                   
  297         INCREASING THE QUALIFICATIONS FOR THE OFFICES OF CIRCUIT
  298  COURT AND COUNTY COURT JUDGES.—The State Constitution currently
  299  prohibits a person from serving as a circuit court judge unless
  300  the person is, and has been for the proceeding 5 years, a member
  301  of The Florida Bar. This same prohibition applies to county
  302  court judges, except in counties having a population of 40,000
  303  or fewer, where a person need only be a member in good standing
  304  of The Florida Bar. This proposed amendment increases to 10
  305  years the period of time that a person must be a member of The
  306  Florida Bar before serving as a circuit court judge or a county
  307  court judge in any county. However, the increased qualifications
  308  do not apply to county court or circuit court judges in office
  309  on January 8, 2013, or to persons seeking to be elected to the
  310  office of county court or circuit court judge during this
  311  election.
  312  
  313  ================= T I T L E  A M E N D M E N T ================
  314         And the title is amended as follows:
  315         Delete everything before the resolving clause
  316  and insert:
  317                        A bill to be entitled                      
  318         A joint resolution proposing amendments to Sections 8
  319         and 20 of Article V of the State Constitution to
  320         increase the period of time that a person must be a
  321         member of The Florida Bar before becoming eligible for
  322         the offices of circuit court or county court judge.