Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 1664
       
       
       
       
       
       
                                Barcode 370006                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                   Comm: WD            .                                
                  04/15/2011           .                                
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       The Committee on Rules (Flores) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3         Delete everything after the resolving clause
    4  and insert:
    5         That the following amendments to Sections 2, 3, 4, 7, 11,
    6  12, and 14 of Article V, and the creation of Section 21 of
    7  Article V, of the State Constitution are agreed to and shall be
    8  submitted to the electors of this state for approval or
    9  rejection at the next general election or at an earlier special
   10  election specifically authorized by law for that purpose:
   11                              ARTICLE V                            
   12                              JUDICIARY                            
   13         SECTION 2. Administration; practice and procedure.—
   14         (a) The supreme court shall adopt rules for the practice
   15  and procedure in all courts including the time for seeking
   16  appellate review, the administrative supervision of all courts,
   17  the transfer to the court having jurisdiction of any proceeding
   18  when the jurisdiction of another court has been improvidently
   19  invoked, and a requirement that no cause shall be dismissed
   20  because an improper remedy has been sought. The supreme court
   21  shall adopt rules to allow it the court and the district courts
   22  of appeal to submit questions relating to military law to the
   23  federal Court of Appeals for the Armed Forces for an advisory
   24  opinion. Rules of court may be repealed by general law that
   25  expresses the policy behind the repeal enacted by two-thirds
   26  vote of the membership of each house of the legislature. The
   27  court may readopt the repealed rule only in conformity with the
   28  public policy expressed by the legislature. If the legislature
   29  repeals the readopted rule, the rule may not be readopted
   30  thereafter without prior approval of the legislature. The
   31  divisions of the court shall meet jointly to adopt rules or the
   32  court may designate a division to adopt any specific class of
   33  rules.
   34         (b)(1) The chief justice of the supreme court of Florida
   35  shall be chosen by a majority of the members of the court; shall
   36  be the chief administrative officer of the judicial system; and
   37  shall have the power to assign justices or judges, including
   38  consenting retired justices or judges, to temporary duty in any
   39  court for which the judge is qualified and to delegate to a
   40  chief judge of a judicial circuit the power to assign judges for
   41  duty in that circuit.
   42         (2) The chief justice of a division of the supreme court
   43  shall be designated by the governor, subject to confirmation by
   44  the senate. The chief justices of the divisions shall serve
   45  staggered terms of eight years and shall be the chief
   46  administrative officers of their respective divisions. In the
   47  second half of any term as chief justice of a division, the
   48  chief justice shall serve as the chief justice of the supreme
   49  court. A justice may serve more than one term as chief justice
   50  of the division. A chief justice of a division is subject to the
   51  same requirements of eligibility and retention as a justice of
   52  the supreme court.
   53         (3) If there is a vacancy in the position of chief justice
   54  of a division, the justice who has served the most time with the
   55  division shall be the acting chief justice until a new chief
   56  justice of the division is appointed and confirmed for the
   57  remainder of the term.
   58         (c) A chief judge for each district court of appeal shall
   59  be chosen by a majority of the judges thereof or, if there is no
   60  majority, by the chief justice. The chief judge of a district
   61  court shall be responsible for the administrative supervision of
   62  the district court.
   63         (d) A chief judge in each circuit shall be chosen from
   64  among the circuit judges as provided by supreme court rule. The
   65  chief judge of a circuit shall be responsible for the
   66  administrative supervision of the circuit courts and county
   67  courts in the his circuit.
   68         SECTION 3. Supreme court; divisions.—
   69         (a) ORGANIZATION.—The supreme court shall consist of ten
   70  seven justices. Of the ten justices, five justices shall serve
   71  in the civil division and five justices shall serve in the
   72  criminal division. In each division Of the seven justices, each
   73  appellate district shall have at least one justice elected or
   74  appointed from the district to the supreme court division who is
   75  a resident of the district at the time of the original
   76  appointment or election. Four Five justices of a division shall
   77  constitute a quorum for that division and. the concurrence of
   78  three four justices shall be necessary to a decision. When
   79  vacancies or recusals for cause would prohibit the court from
   80  convening because of the requirements of this subsection
   81  section, judges assigned to temporary duty may be substituted
   82  for justices. The justices of both divisions, with seven
   83  justices constituting a quorum, shall jointly meet regarding
   84  disciplinary cases, and may jointly meet at the discretion of
   85  the chief justice regarding court rules or administrative
   86  supervision of the courts. The justices shall not otherwise meet
   87  en banc.
   88         (b) JURISDICTION.—The appropriate division of the supreme
   89  court:
   90         (1) Shall hear appeals from final judgments of trial courts
   91  imposing the death penalty and from decisions of district courts
   92  of appeal declaring invalid a state statute or a provision of
   93  the state constitution.
   94         (2) When provided by general law, shall hear appeals from
   95  final judgments entered in proceedings for the validation of
   96  bonds or certificates of indebtedness and shall review action of
   97  statewide agencies relating to rates or service of utilities
   98  providing electric, gas, or telephone service. Only the civil
   99  division may have jurisdiction pursuant to this paragraph.
  100         (3) May review any decision of a district court of appeal
  101  that expressly declares valid a state statute, or that expressly
  102  construes a provision of the state or federal constitution, or
  103  that expressly affects a class of constitutional or state
  104  officers, or that expressly and directly conflicts with a
  105  decision of another district court of appeal or of the supreme
  106  court on the same question of law, provided that the conflict
  107  appears on the face of the majority, concurring, or dissenting
  108  district court opinion.
  109         (4) May review any decision of a district court of appeal
  110  that passes upon a question certified by the district court of
  111  appeal it to be of great public importance, that appears to a
  112  division to be of great public importance based on information
  113  on the face of the majority, concurring, or dissenting district
  114  court opinion, or that is certified by the district court of
  115  appeal it to be in direct conflict with a decision of another
  116  district court of appeal.
  117         (5) May review any order or judgment of a trial court
  118  certified by the district court of appeal in which an appeal is
  119  pending to be of great public importance, or to have a great
  120  effect on the proper administration of justice throughout the
  121  state, and certified to require immediate resolution by the
  122  supreme court.
  123         (6) May review a question of law certified by the Supreme
  124  Court of the United States or a United States Court of Appeals
  125  which is determinative of the cause and for which there is no
  126  controlling precedent of the supreme court of Florida.
  127         (7) May issue writs of prohibition to courts and all writs
  128  necessary to the complete exercise of its jurisdiction.
  129         (8) May issue writs of mandamus and quo warranto to state
  130  officers and state agencies.
  131         (9) May, or any justice may, issue writs of habeas corpus
  132  returnable before the supreme court or any justice, a district
  133  court of appeal or any judge thereof, or any circuit judge. Only
  134  a justice in the criminal division may issue a writ of habeas
  135  corpus in a criminal case.
  136         (10) Shall, when requested by the attorney general pursuant
  137  to the provisions of Section 10 of Article IV, render an
  138  advisory opinion of the justices, addressing issues as provided
  139  by general law.
  140         (11) Shall hear appeals from final judgments of trial
  141  courts imposing the death penalty. Only the criminal division
  142  has any jurisdiction pursuant to this paragraph.
  143         (c) ASSIGNMENT OF CASES TO DIVISIONS.—Criminal and civil
  144  cases are to be referred to each division in a manner consistent
  145  with this section.
  146         (1) A criminal case is any case or controversy primarily
  147  involving the commission of a felony or misdemeanor. A criminal
  148  case shall also include any case or controversy involving
  149  criminal law, criminal penalties, criminal procedure, juvenile
  150  delinquency, or any related action regarding the interpretation
  151  of or resolution of matters directly affecting the criminal law.
  152  Equitable relief related to the criminal law, including actions
  153  in which a party seeks to enjoin the application or form of a
  154  criminal penalty, shall be within the jurisdiction of the
  155  criminal division.
  156         (2) A civil case is any case or controversy within the
  157  traditional concepts of civil law, including tort, contract,
  158  family law, probate, trusts, real property, employment law,
  159  taxation, and elections. The civil division shall have no
  160  jurisdiction or authority, whether express or implied, to issue
  161  a stay of execution or to hear any challenge of any law or
  162  procedure regarding the death penalty or the administration of a
  163  criminal penalty.
  164         (3) The legislature may, by general law, further define the
  165  types of cases that are to be referred to each division in a
  166  manner consistent with this section.
  167         (d) JURISDICTIONAL CONFLICTS.—If both divisions assert
  168  jurisdiction over a particular case, the chief justice of the
  169  supreme court of Florida shall decide where jurisdiction is
  170  appropriate.
  171         (c) CLERK AND MARSHAL.—The supreme court shall appoint a
  172  clerk and a marshal who shall hold office during the pleasure of
  173  the court and perform such duties as the court directs. Their
  174  compensation shall be fixed by general law. The marshal shall
  175  have the power to execute the process of the court throughout
  176  the state, and in any county may deputize the sheriff or a
  177  deputy sheriff for such purpose.
  178         SECTION 4. District courts of appeal.—
  179         (a) ORGANIZATION.—There shall be a district court of appeal
  180  serving each appellate district. Each district court of appeal
  181  shall consist of at least three judges. Three judges shall
  182  consider each case and the concurrence of two shall be necessary
  183  to a decision.
  184         (b) JURISDICTION.—
  185         (1) District courts of appeal shall have jurisdiction to
  186  hear appeals, that may be taken as a matter of right, from final
  187  judgments or orders of trial courts, including those entered on
  188  review of administrative action, not directly appealable to the
  189  supreme court or a circuit court. They may review interlocutory
  190  orders in such cases to the extent provided by rules adopted by
  191  the supreme court.
  192         (2) District courts of appeal shall have the power of
  193  direct review of administrative action, as prescribed by general
  194  law.
  195         (3) A district court of appeal or any judge thereof may
  196  issue writs of habeas corpus returnable before the court or any
  197  judge thereof or before any circuit judge within the territorial
  198  jurisdiction of the court. A district court of appeal may issue
  199  writs of mandamus, certiorari, prohibition, quo warranto, and
  200  other writs necessary to the complete exercise of its
  201  jurisdiction. To the extent necessary to dispose of all issues
  202  in a cause properly before it, a district court of appeal may
  203  exercise any of the appellate jurisdiction of the circuit
  204  courts.
  205         (c) CLERKS AND MARSHALS.—Each district court of appeal
  206  shall appoint a clerk and a marshal who shall hold office during
  207  the pleasure of the court and perform such duties as the court
  208  directs. Their compensation shall be fixed by general law. The
  209  marshal shall have the power to execute the process of the court
  210  throughout the territorial jurisdiction of the court, and in any
  211  county may deputize the sheriff or a deputy sheriff for such
  212  purpose.
  213         SECTION 7. Specialized divisions.—The supreme court shall
  214  sit in a civil division and a criminal division, except where
  215  specifically authorized in this article to sit jointly. All
  216  other courts except the supreme court may sit in divisions as
  217  may be established by general law. A circuit or county court may
  218  hold civil and criminal trials and hearings in any place within
  219  the territorial jurisdiction of the court as designated by the
  220  chief judge of the circuit.
  221         SECTION 11. Vacancies.—
  222         (a) Whenever a vacancy occurs in a judicial office to which
  223  election for retention applies, the governor shall fill the
  224  vacancy by appointing for a term ending on the first Tuesday
  225  after the first Monday in January of the year following the next
  226  general election occurring at least one year after the date of
  227  appointment, one of not fewer than three persons nor more than
  228  six persons nominated by the appropriate judicial nominating
  229  commission.
  230         (b) The governor shall fill each vacancy on a circuit court
  231  or on a county court, wherein the judges are elected by a
  232  majority vote of the electors, by appointing for a term ending
  233  on the first Tuesday after the first Monday in January of the
  234  year following the next primary and general election occurring
  235  at least one year after the date of appointment, one of not
  236  fewer than three persons nor more than six persons nominated by
  237  the appropriate judicial nominating commission. An election
  238  shall be held to fill that judicial office for the term of the
  239  office beginning at the end of the appointed term.
  240         (c) The nominations shall be made within thirty days from
  241  the occurrence of a vacancy unless the period is extended by the
  242  governor for a time not to exceed thirty days. The governor
  243  shall make the appointment within sixty days after the
  244  nominations have been certified to the governor.
  245         (d) Each appointment of a justice of the supreme court is
  246  subject to confirmation by the senate. The senate shall sit for
  247  the purposes of confirmation regardless of whether the house of
  248  representatives is in session or not. The senate shall vote on
  249  the appointment of a justice within 90 days after the
  250  appointment. If the senate votes to not confirm the appointment,
  251  the supreme court judicial nominating commission shall reconvene
  252  as though a new vacancy had occurred but may not renominate any
  253  person whose prior appointment to fill the same vacancy was not
  254  confirmed by the senate. The appointment of a justice is
  255  effective upon confirmation by the senate. A justice in one
  256  division may apply for a position in the other division but may
  257  not concurrently serve on both.
  258         (e)(d) There shall be a separate judicial nominating
  259  commission as provided by general law for the supreme court, one
  260  for each district court of appeal, and one for each judicial
  261  circuit for all trial courts within the circuit. Uniform rules
  262  of procedure shall be established by the judicial nominating
  263  commissions at each level of the court system. Such rules, or
  264  any part thereof, may be repealed by general law enacted by a
  265  majority vote of the membership of each house of the
  266  legislature, or by a majority vote of the justices of each
  267  division of the supreme court, five justices concurring. Except
  268  for deliberations of the judicial nominating commissions, the
  269  proceedings of the commissions and their records shall be open
  270  to the public.
  271         SECTION 12. Discipline; removal and retirement.—
  272         (a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial
  273  qualifications commission is created.
  274         (1) There shall be a judicial qualifications commission
  275  vested with jurisdiction to investigate and recommend to the
  276  Supreme Court of Florida the removal from office of any justice
  277  or judge whose conduct, during term of office or otherwise,
  278  occurring on or after November 1, 1966, (without regard to the
  279  effective date of this section) demonstrates a present unfitness
  280  to hold office, and to investigate and recommend the discipline
  281  of a justice or judge whose conduct, during term of office or
  282  otherwise occurring on or after November 1, 1966 (without regard
  283  to the effective date of this section), warrants such
  284  discipline. For purposes of this section, discipline is defined
  285  as any or all of the following: reprimand, fine, suspension with
  286  or without pay, or lawyer discipline. The commission shall have
  287  jurisdiction over justices and judges regarding allegations that
  288  misconduct occurred before or during service as a justice or
  289  judge if a complaint is made no later than one year following
  290  service as a justice or judge. The commission shall have
  291  jurisdiction regarding allegations of incapacity during service
  292  as a justice or judge. The commission shall be composed of:
  293         a. Two judges of district courts of appeal selected by the
  294  judges of those courts, two circuit judges selected by the
  295  judges of the circuit courts and two judges of county courts
  296  selected by the judges of those courts;
  297         b. Four electors who reside in the state, who are members
  298  of the bar of Florida, and who shall be chosen by the governing
  299  body of the bar of Florida; and
  300         c. Five electors who reside in the state, who have never
  301  held judicial office or been members of the bar of Florida, and
  302  who shall be appointed by the governor.
  303         (2) The members of the judicial qualifications commission
  304  shall serve staggered terms, not to exceed six years, as
  305  prescribed by general law. No member of the commission except a
  306  judge shall be eligible for state judicial office while acting
  307  as a member of the commission and for a period of two years
  308  thereafter. No member of the commission shall hold office in a
  309  political party or participate in any campaign for judicial
  310  office or hold public office; provided that a judge may campaign
  311  for judicial office and hold that office. The commission shall
  312  elect one of its members as its chairperson.
  313         (3) Members of the judicial qualifications commission not
  314  subject to impeachment shall be subject to removal from the
  315  commission pursuant to the provisions of Article IV, Section 7,
  316  Florida Constitution.
  317         (4) The commission shall adopt rules regulating its
  318  proceedings, the filling of vacancies by the appointing
  319  authorities, the disqualification of members, the rotation of
  320  members between the panels, and the temporary replacement of
  321  disqualified or incapacitated members. The commission’s rules,
  322  or any part thereof, may be repealed by general law enacted by a
  323  majority vote of the membership of each house of the
  324  legislature, or by the supreme court, seven five justices
  325  concurring. The commission shall have power to issue subpoenas.
  326  Until formal charges against a justice or judge are filed by the
  327  investigative panel with the clerk of the supreme court of
  328  Florida all proceedings by or before the commission shall be
  329  confidential; provided, however, upon a finding of probable
  330  cause and the filing by the investigative panel with said clerk
  331  of such formal charges against a justice or judge such charges
  332  and all further proceedings before the commission shall be
  333  public.
  334         (5) The commission shall have access to all information
  335  from all executive, legislative and judicial agencies, including
  336  grand juries, subject to the rules of the commission. At any
  337  time, on request of the speaker of the house of representatives
  338  or the governor, the commission shall make available to the
  339  house of representatives all information in the possession of
  340  the commission, which information shall remain confidential
  341  during any investigation and until such information is used in
  342  the pursuit for use in consideration of impeachment or
  343  suspension, respectively.
  344         (b) PANELS.—The commission shall be divided into an
  345  investigative panel and a hearing panel as established by rule
  346  of the commission. The investigative panel is vested with the
  347  jurisdiction to receive or initiate complaints, conduct
  348  investigations, dismiss complaints, and upon a vote of a simple
  349  majority of the panel submit formal charges to the hearing
  350  panel. The hearing panel is vested with the authority to receive
  351  and hear formal charges from the investigative panel and upon a
  352  two-thirds vote of the panel recommend to the supreme court the
  353  removal of a justice or judge or the involuntary retirement of a
  354  justice or judge for any permanent disability that seriously
  355  interferes with the performance of judicial duties. Upon a
  356  simple majority vote of the membership of the hearing panel, the
  357  panel may recommend to the supreme court that the justice or
  358  judge be subject to appropriate discipline.
  359         (c) SUPREME COURT.—The supreme court shall receive
  360  recommendations from the judicial qualifications commission’s
  361  hearing panel.
  362         (1) The supreme court may accept, reject, or modify in
  363  whole or in part the findings, conclusions, and recommendations
  364  of the commission and it may order that the justice or judge be
  365  subjected to appropriate discipline, or be removed from office
  366  with termination of compensation for willful or persistent
  367  failure to perform judicial duties or for other conduct
  368  unbecoming a member of the judiciary demonstrating a present
  369  unfitness to hold office, or be involuntarily retired for any
  370  permanent disability that seriously interferes with the
  371  performance of judicial duties. Malafides, scienter or moral
  372  turpitude on the part of a justice or judge shall not be
  373  required for removal from office of a justice or judge whose
  374  conduct demonstrates a present unfitness to hold office. After
  375  the filing of a formal proceeding and upon request of the
  376  investigative panel, the supreme court may suspend the justice
  377  or judge from office, with or without compensation, pending
  378  final determination of the inquiry.
  379         (2) The supreme court may award costs to the prevailing
  380  party.
  381         (d) REMOVAL POWER.—The power of removal conferred by this
  382  section shall be both alternative and cumulative to the power of
  383  impeachment.
  384         (e) PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.
  385  Notwithstanding any of the foregoing provisions of this section,
  386  if the person who is the subject of proceedings by the judicial
  387  qualifications commission is a justice of the supreme court of
  388  Florida all justices of such court automatically shall be
  389  disqualified to sit as justices of such court with respect to
  390  all proceedings therein concerning such person and the supreme
  391  court for such purposes shall be composed of a panel consisting
  392  of the seven chief judges of the judicial circuits of the state
  393  of Florida most senior in tenure of judicial office as circuit
  394  judge. For purposes of determining seniority of such circuit
  395  judges in the event there be judges of equal tenure in judicial
  396  office as circuit judge the judge or judges from the lower
  397  numbered circuit or circuits shall be deemed senior. In the
  398  event any such chief circuit judge is under investigation by the
  399  judicial qualifications commission or is otherwise disqualified
  400  or unable to serve on the panel, the next most senior chief
  401  circuit judge or judges shall serve in place of such
  402  disqualified or disabled chief circuit judge.
  403         (f) SCHEDULE TO SECTION 12.—
  404         (1) Except to the extent inconsistent with the provisions
  405  of this section, all provisions of law and rules of court in
  406  force on the effective date of this article shall continue in
  407  effect until superseded in the manner authorized by the
  408  constitution.
  409         (2) After this section becomes effective and until adopted
  410  by rule of the commission consistent with it:
  411         a. The commission shall be divided, as determined by the
  412  chairperson, into one investigative panel and one hearing panel
  413  to meet the responsibilities set forth in this section.
  414         b. The investigative panel shall be composed of:
  415         1. Four judges,
  416         2. Two members of the bar of Florida, and
  417         3. Three non-lawyers.
  418         c. The hearing panel shall be composed of:
  419         1. Two judges,
  420         2. Two members of the bar of Florida, and
  421         3. Two non-lawyers.
  422         d. Membership on the panels may rotate in a manner
  423  determined by the rules of the commission provided that no
  424  member shall vote as a member of the investigative and hearing
  425  panel on the same proceeding.
  426         e. The commission shall hire separate staff for each panel.
  427         f. The members of the commission shall serve for staggered
  428  terms of six years.
  429         g. The terms of office of the present members of the
  430  judicial qualifications commission shall expire upon the
  431  effective date of the amendments to this section approved by the
  432  legislature during the regular session of the legislature in
  433  1996 and new members shall be appointed to serve the following
  434  staggered terms:
  435         1. Group I.—The terms of five members, composed of two
  436  electors as set forth in s. 12(a)(1)c. of Article V, one member
  437  of the bar of Florida as set forth in s. 12(a)(1)b. of Article
  438  V, one judge from the district courts of appeal and one circuit
  439  judge as set forth in s. 12(a)(1)a. of Article V, shall expire
  440  on December 31, 1998.
  441         2. Group II.—The terms of five members, composed of one
  442  elector as set forth in s. 12(a)(1)c. of Article V, two members
  443  of the bar of Florida as set forth in s. 12(a)(1)b. of Article
  444  V, one circuit judge and one county judge as set forth in s.
  445  12(a)(1)a. of Article V shall expire on December 31, 2000.
  446         3. Group III.—The terms of five members, composed of two
  447  electors as set forth in s. 12(a)(1)c. of Article V, one member
  448  of the bar of Florida as set forth in s. 12(a)(1)b., one judge
  449  from the district courts of appeal and one county judge as set
  450  forth in s. 12(a)(1)a. of Article V, shall expire on December
  451  31, 2002.
  452         g.h. An appointment to fill a vacancy of the commission
  453  shall be for the remainder of the term.
  454         h.i. Selection of members by district courts of appeal
  455  judges, circuit judges, and county court judges, shall be by no
  456  less than a majority of the members voting at the respective
  457  courts’ conferences. Selection of members by the board of
  458  governors of the bar of Florida shall be by no less than a
  459  majority of the board.
  460         i.j. The commission shall be entitled to recover the costs
  461  of investigation and prosecution, in addition to any penalty
  462  levied by the supreme court.
  463         j.k. The compensation of members and referees shall be the
  464  travel expenses or transportation and per diem allowance as
  465  provided by general law.
  466         SECTION 14. Funding.—
  467         (a) All justices and judges shall be compensated only by
  468  state salaries fixed by general law. Funding for the state
  469  courts system, state attorneys’ offices, public defenders’
  470  offices, and court-appointed counsel, except as otherwise
  471  provided in subsection (c), shall be provided from state
  472  revenues appropriated by general law.
  473         (b) All funding for the offices of the clerks of the
  474  circuit and county courts performing court-related functions,
  475  except as otherwise provided in this subsection and subsection
  476  (c), shall be provided by adequate and appropriate filing fees
  477  for judicial proceedings and service charges and costs for
  478  performing court-related functions as required by general law.
  479  Selected salaries, costs, and expenses of the state courts
  480  system may be funded from appropriate filing fees for judicial
  481  proceedings and service charges and costs for performing court
  482  related functions, as provided by general law. Where the
  483  requirements of either the United States Constitution or the
  484  Constitution of the State of Florida preclude the imposition of
  485  filing fees for judicial proceedings and service charges and
  486  costs for performing court-related functions sufficient to fund
  487  the court-related functions of the offices of the clerks of the
  488  circuit and county courts, the state shall provide, as
  489  determined by the legislature, adequate and appropriate
  490  supplemental funding from state revenues appropriated by general
  491  law.
  492         (c) No county or municipality, except as provided in this
  493  subsection, shall be required to provide any funding for the
  494  state courts system, state attorneys’ offices, public defenders’
  495  offices, court-appointed counsel or the offices of the clerks of
  496  the circuit and county courts performing court-related
  497  functions. Counties shall be required to fund the cost of
  498  communications services, existing radio systems, existing multi
  499  agency criminal justice information systems, and the cost of
  500  construction or lease, maintenance, utilities, and security of
  501  facilities for the trial courts, public defenders’ offices,
  502  state attorneys’ offices, and the offices of the clerks of the
  503  circuit and county courts performing court-related functions.
  504  Counties shall also pay reasonable and necessary salaries,
  505  costs, and expenses of the state courts system to meet local
  506  requirements as determined by general law.
  507         (d) The judiciary shall have no power to fix
  508  appropriations.
  509         (e) The total appropriation of all fund sources to the
  510  judicial branch shall equal no less than 2.25 percent of the
  511  total general revenue funds appropriated in the general
  512  appropriation bill referred to in Section 19(b) of Article III.
  513  Any adjustments to the total appropriations of all fund sources
  514  to the judicial branch made in any special appropriations act
  515  shall equal no more than the percent of total general revenue
  516  appropriations adjusted in such special appropriations act. For
  517  purposes of this subsection, the judicial branch does not
  518  include the Justice Administrative Commission or any of the
  519  entities for which the Justice Administrative Commission
  520  provides administrative services.
  521         SECTION 21. Schedule to Article V revision increasing the
  522  membership of the supreme court and creating divisions thereof.—
  523         (a) Except to the extent inconsistent with this article,
  524  all provisions of law and rules of court in force on the
  525  effective date of this article shall continue in effect until
  526  superseded in the manner authorized by the constitution.
  527         (b) The effective date of the revision creating two
  528  divisions of the supreme court shall be upon passage by the
  529  electorate.
  530         (1) On the first day after the election approving the
  531  revision, the supreme court shall rank all of the justices then
  532  in office by seniority in service on the supreme court. The
  533  three who have the most seniority shall be the initial justices
  534  assigned to the criminal division, and the remaining justices
  535  shall be the initial justices assigned to the civil division.
  536  Initial appointments of existing justices to either division
  537  shall not be limited by the district court from which the
  538  justice was appointed. A justice assigned to a division of the
  539  supreme court pursuant to this paragraph shall remain in the
  540  same term of office and shall sit for future retention elections
  541  on the same cycle. The supreme court shall immediately transmit
  542  to the governor the names of the justices, their division
  543  assignments, and the districts from which they were appointed.
  544  The governor shall then direct the supreme court nominating
  545  commission to make its recommendations for the open seats of
  546  justices for both divisions, which recommendations must be
  547  delivered to the governor no later than the 60th day after the
  548  election. Before the 90th day after the election, the governor
  549  shall make the appointments for the open seats of justices for
  550  both divisions and shall also designate the chief justices of
  551  each division. The appointments and designations shall, in this
  552  instance only, not be subject to the advice and consent of the
  553  senate.
  554         (2) The supreme court shall inventory all cases in its
  555  possession and determine as to each case whether it will be
  556  assigned to the criminal division or the civil division. Newly
  557  filed cases shall be designated between the two new divisions as
  558  they are filed. The supreme court shall retain full jurisdiction
  559  and power over all cases until such cases are actually assigned
  560  to a division, including the power to issue final process that
  561  would have the effect of removing the case from the inventory of
  562  cases to be assigned.
  563         (c) The two divisions of the supreme court shall begin
  564  formal operations on the 120th day after the election. On that
  565  day:
  566         (1) Newly appointed justices shall take office.
  567         (2) The jurisdiction of the supreme court shall be divided
  568  between the divisions, the jurisdictional changes in Sections
  569  3(b)(3) and 3(b)(4) shall take effect, and all pending cases
  570  shall be assigned to the appropriate division.
  571         (3) The term of the supreme court shall be deemed to have
  572  ended. All mandates issued by the supreme court prior to the end
  573  of the term shall be final and not subject to recall. No motion
  574  for reconsideration shall be considered.
  575         (d) The initial chief justice of the civil division shall
  576  also be the chief justice of the supreme court of Florida and
  577  shall serve in that position from the 120th day after the
  578  election through June 30, 2016. The initial chief justice of the
  579  criminal division shall be the chief justice of the criminal
  580  division from the 120th day after the election through June 30,
  581  2020. Thereafter, the offices of the chief justices of the
  582  divisions shall alternate as provided in Section 2.
  583         (e) All court rules adopted by the supreme court shall
  584  continue in full force and effect after the effective date of
  585  this revision, subject to future amendment or repeal.
  586         (f) The legislature may, by general law, otherwise provide
  587  for the administrative transfer of employees, property, duties,
  588  and functions between the divisions.
  589         (g) The change in court funding provided in Section 14(e)
  590  shall be effective commencing in fiscal year 2013-2014.
  591         (h) The legislature shall have the power, by concurrent
  592  resolution, to delete from this article any subsection of this
  593  section 21, including this subsection, when all events to which
  594  the subsection to be deleted is or could become applicable have
  595  occurred.
  596         BE IT FURTHER RESOLVED that the following statement be
  597  placed on the ballot:
  598                      CONSTITUTIONAL AMENDMENT                     
  599         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  600         STATE COURTS.—Proposing a revision of Article V of the
  601  State Constitution relating to the judiciary.
  602         Under current law, the Florida Supreme Court is the highest
  603  court in Florida and hears both civil and criminal cases. It has
  604  7 appointed justices. This revision would divide the current
  605  Supreme Court into two divisions, one hearing civil cases and
  606  the other hearing criminal cases. Each division would have 5
  607  appointed justices who are permanently assigned. The 3 current
  608  justices who have the most service with the Florida Supreme
  609  Court would be assigned to the criminal division, the remaining
  610  4 current justices would be assigned to the civil division, and
  611  the Governor would appoint 3 new justices to fill the remaining
  612  openings in the two divisions. The existing jurisdiction of the
  613  Supreme Court would be expanded to allow discretionary review of
  614  certain district court of appeal decisions. This revision
  615  generally defines the civil law and criminal law jurisdiction of
  616  each division, provides for assignment of cases to each
  617  respective division, and allows the Legislature, by general law,
  618  to further define the jurisdictions of each division. The
  619  jurisdiction of a division will be limited to the division’s
  620  area, whether civil or criminal. The power of justices of the
  621  criminal division to hear appeals from final judgments entered
  622  in proceedings for the validation of bonds or certificates of
  623  indebtedness and to review action of statewide agencies relating
  624  to rates or service of utilities providing electric, gas, or
  625  telephone service is limited by this revision and granted
  626  exclusively to the civil division. The power of justices of the
  627  civil division to issue a writ of habeas corpus and to hear
  628  appeals from final judgments of trial courts imposing the death
  629  penalty is limited by this revision and granted exclusively to
  630  the justices of the criminal division. This revision provides
  631  that if both divisions assert jurisdiction over a case, the
  632  Chief Justice of the Supreme Court of Florida will decide where
  633  jurisdiction is appropriate.
  634         This proposed revision also creates a title of chief
  635  justice in each of the divisions with an 8-year term. The
  636  constitution currently provides that the Chief Justice of the
  637  Supreme Court is the administrative head of the state judicial
  638  system. This revision provides that the position of Chief
  639  Justice of the Supreme Court will rotate every 4 years between
  640  the chief justice of the civil division and the chief justice of
  641  the criminal division. The constitution currently also provides
  642  that the chief justice is chosen by vote of the justices. This
  643  revision provides that the initial new justices and the initial
  644  chief justice of each division will be selected by the Governor
  645  and future chief justices will be selected by the Governor
  646  subject to Senate confirmation. A chief justice is, like a
  647  regular justice under current law, subject to retention election
  648  and mandatory retirement requirements applicable to all Florida
  649  justices and judges.
  650         Under current law, the Governor appoints a justice from a
  651  list of nominees provided by a judicial nominating commission,
  652  and appointments by the Governor are not subject to
  653  confirmation. Other than the initial 3 new appointees, this
  654  revision requires Senate confirmation of a justice before the
  655  appointee can take office. If the Senate votes not to confirm
  656  the appointment, the judicial nominating commission must
  657  reconvene and may not renominate any person whose prior
  658  appointment to fill the same vacancy was not confirmed by the
  659  Senate. For the purpose of confirmation, the Senate shall meet
  660  regardless of whether the House of Representatives is in
  661  session. The Senate shall vote on the appointment of a justice
  662  within 90 days after the appointment.
  663         The State Constitution authorizes the Supreme Court to
  664  adopt rules for the practice and procedure in all courts. The
  665  constitution further provides that a rule of court may be
  666  repealed by a general law enacted by a two-thirds vote of the
  667  membership of each house of the Legislature. This proposed
  668  constitutional revision eliminates the requirement that a
  669  general law repealing a court rule pass by a two-thirds vote of
  670  each house. The Legislature could repeal a rule of court by a
  671  general law approved by a majority vote of each house of the
  672  Legislature that expresses the policy behind the repeal. The
  673  court could readopt the rule in conformity with the public
  674  policy expressed by the Legislature, but if the Legislature
  675  repeals the readopted rule, this proposed revision prohibits the
  676  court from readopting the repealed rule without the
  677  Legislature’s prior approval. Court rules may be adopted by both
  678  divisions of the Supreme Court meeting jointly, or the court may
  679  elect to divide classes of rules between the divisions.
  680         The Judicial Qualifications Commission is an independent
  681  commission created by the State Constitution to investigate and
  682  prosecute before the Florida Supreme Court alleged misconduct by
  683  a justice or judge. Currently under the constitution, commission
  684  proceedings are confidential until formal charges are filed by
  685  the investigative panel of the commission. Once formal charges
  686  are filed, the formal charges and all further proceedings of the
  687  commission are public. Currently, the constitution authorizes
  688  the House of Representatives to impeach a justice or judge.
  689  Further, the Speaker of the House of Representatives may
  690  request, and the Judicial Qualifications Commission must make
  691  available, all information in the commission’s possession for
  692  use in deciding whether to impeach a justice or judge. This
  693  proposed revision requires the commission to make all of its
  694  files available to the Speaker of the House of Representatives,
  695  rather than just the file of a justice or judge under
  696  investigation by the House of Representatives. Such files would
  697  maintain their confidentiality unless the House of
  698  Representatives initiates impeachment proceedings against a
  699  justice or judge, in which case the files related to that
  700  justice or judge may be open. This revision deletes a
  701  requirement that a general law repealing a commission rule be
  702  passed by a majority vote of the membership of each house of the
  703  Legislature and revises the number of Supreme Court justices
  704  needed to repeal such a rule.
  705         State appropriations are made annually by general law.
  706  Current law does not require any specific level of funding for
  707  any agency or department. This revision requires that the courts
  708  be appropriated a minimum of 2.25 percent of general revenue
  709  funding beginning with the 2013-2014 fiscal year.
  710         This revision will take effect upon its passage by the
  711  electorate and provides a schedule for implementation of its
  712  provisions. This revision makes other conforming and modernizing
  713  changes to the State Constitution regarding the judicial system,
  714  including removing the positions of clerk and marshal of the
  715  Supreme Court and the courts of appeal from the constitution;
  716  providing for transition to the new divisions; removing outdated
  717  schedules related to the Judicial Qualifications Commission; and
  718  making conforming and technical changes in the judicial articles
  719  of the constitution.
  720  
  721         BE IT FURTHER RESOLVED that the following statement be
  722  placed on the ballot if a court declares the preceding statement
  723  defective and the decision of the court is not reversed:
  724                      CONSTITUTIONAL AMENDMENT                     
  725         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  726         JUDICIARY.—Proposing a revision of the Judiciary Article of
  727  the Florida Constitution; reorganizing the Florida Supreme Court
  728  into divisions; requiring Senate confirmation for appointment of
  729  a Supreme Court justice; providing standards and procedures for
  730  legislative repeal of a court rule; providing a minimum level of
  731  court funding; allowing legislative review of confidential files
  732  of the Judicial Qualifications Commission; providing for
  733  transition; and making other ancillary amendments, including,
  734  but not limited to, technical and conforming amendments.
  735  
  736         BE IT FURTHER RESOLVED that the following statement be
  737  placed on the ballot if a court declares the preceding
  738  statements defective and the decision of the court is not
  739  reversed:
  740                      CONSTITUTIONAL AMENDMENT                     
  741         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  742         STATE COURTS.—Proposing a revision to Article V of the
  743  State Constitution relating to the judiciary; changing the
  744  authority of the Legislature to repeal a court rule by 2/3 vote
  745  of the membership of each house to a simple majority of each
  746  house; limiting the Supreme Court’s ability to readopt a rule
  747  repealed by the Legislature; replacing the current seven-member
  748  Supreme Court with two five-member divisions of the Supreme
  749  Court, one with civil jurisdiction and one with criminal
  750  jurisdiction; establishing a Chief Justice of the Supreme Court
  751  who shall serve as the chief administrative officer for the
  752  courts; establishing a chief justice for the civil division of
  753  the Supreme Court; establishing a chief justice for the criminal
  754  division of the Supreme Court; providing for the manner of
  755  selection and term for the chief justice of each division of the
  756  Supreme Court; changing the manner of designation and term of
  757  office of the Chief Justice of the Supreme Court; providing that
  758  a chief justice of a division of the Supreme Court is subject to
  759  a retention election and eligibility requirements as currently
  760  established in the State Constitution; providing for manner of
  761  replacement of a chief justice of a division; providing for
  762  apportionment of current justices among the civil and criminal
  763  divisions of the Supreme Court; changing the requirements for a
  764  quorum from four to three as being necessary for a decision;
  765  providing authority and circumstances where the divisions of the
  766  Supreme Court may meet en banc; providing jurisdiction for each
  767  division of the Supreme Court, including matters which will be
  768  exclusive to each division; clarifying the jurisdiction of the
  769  Supreme Court to hear appeals from certain district court of
  770  appeal decisions; providing that the Legislature may further
  771  define the split of jurisdiction between civil and criminal
  772  matters; providing that the Chief Justice of the Supreme Court
  773  decides jurisdiction should both divisions claim jurisdiction
  774  over the same case; removing references to clerks and marshals;
  775  requiring Senate confirmation before a justice may take office;
  776  requiring the Senate to vote on the appointee within 90 days
  777  after appointment; requiring the Senate to meet regardless of
  778  whether the House of Representatives is convened at the same
  779  time; deleting outdated references; requiring the Judicial
  780  Qualifications Commission to provide the House of
  781  Representatives access to records; providing for confidentiality
  782  of records; requiring a minimum level of funding for the
  783  judicial system; providing for transition; requiring the current
  784  Supreme Court to list its members by seniority in office;
  785  providing that the three most senior justices be assigned to the
  786  criminal division and the remaining justices assigned to the
  787  criminal division; providing time limits for appointments by the
  788  Governor for the remaining seats; providing an exception to
  789  Senate confirmation for initial appointments; requiring the
  790  Governor to name the initial chief justice of each division;
  791  providing that the initial chief justice of the civil division
  792  be named the Chief Justice of the Supreme Court; requiring that
  793  existing cases be split between the divisions; providing that
  794  cases decided before the split into divisions are final and not
  795  subject to rehearing or recall of the mandate; providing for the
  796  terms of the initial chief justices of the divisions; providing
  797  for adoption of court rules; allowing the Legislature by general
  798  law to further provide for transition; providing that the
  799  transition schedules may be deleted by general law when they
  800  have become outdated.
  801  
  802  ================= T I T L E  A M E N D M E N T ================
  803         And the title is amended as follows:
  804         Delete everything before the resolving clause
  805  and insert:
  806                        A bill to be entitled                      
  807         A joint resolution proposing a revision of Article V
  808         of the State Constitution, relating to the judiciary,
  809         consisting of amendments to Sections 2, 3, 4, 7, 11,
  810         12, and 14 of Article V, and the creation of Section
  811         21 of Article V, of the State Constitution to divide
  812         the current Supreme Court into two divisions, one
  813         hearing civil cases and the other hearing criminal
  814         cases; providing for administration of the divisions;
  815         defining the jurisdiction of the divisions; providing
  816         for transition from the present Supreme Court;
  817         revising provisions relating to repeal of court rules;
  818         limiting readoption of a repealed court rule;
  819         providing for Senate confirmation of Supreme Court
  820         justices; expanding the jurisdiction of the Supreme
  821         Court; requiring the Judicial Qualifications
  822         Commission to make all of its files available to the
  823         Speaker of the House of Representatives; revising
  824         provisions relating to repeal of commission rules;
  825         requiring that a specified minimum percentage of
  826         general revenue funds be appropriated to the courts;
  827         making other conforming and modernizing changes to the
  828         State Constitution regarding the judicial system.