Florida Senate - 2011                                   SJR 1672
       
       
       
       By Senator Flores
       
       
       
       
       38-01493A-11                                          20111672__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section
    3         10 of Article V and the creation of Section 32 of
    4         Article XII of the State Constitution to increase the
    5         vote required to retain a justice or judge in a
    6         judicial office and to provide for the increased vote
    7         requirement to apply beginning with retention
    8         elections during the 2012 General Election.
    9  
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 10 of Article V and
   13  the creation of Section 32 of Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                              ARTICLE V                            
   19                              JUDICIARY                            
   20         SECTION 10. Retention; election and terms.—
   21         (a) Any justice or judge may qualify for retention by a
   22  vote of the electors in the general election next preceding the
   23  expiration of the justice’s or judge’s term in the manner
   24  prescribed by law. If a justice or judge is ineligible or fails
   25  to qualify for retention, a vacancy shall exist in that office
   26  upon the expiration of the term being served by the justice or
   27  judge. When a justice or judge so qualifies, the ballot shall
   28  read substantially as follows: “Shall Justice (or Judge)
   29  ...(name of justice or judge)... of the ...(name of the
   30  court)... be retained in office?” If at least sixty percent a
   31  majority of the qualified electors voting within the territorial
   32  jurisdiction of the court vote to retain, the justice or judge
   33  shall be retained for a term of six years. The term of the
   34  justice or judge retained shall commence on the first Tuesday
   35  after the first Monday in January following the general
   36  election. If more than forty percent a majority of the qualified
   37  electors voting within the territorial jurisdiction of the court
   38  vote to not retain, a vacancy shall exist in that office upon
   39  the expiration of the term being served by the justice or judge.
   40         (b)(1) The election of circuit judges shall be preserved
   41  notwithstanding the provisions of subsection (a) unless a
   42  majority of those voting in the jurisdiction of that circuit
   43  approves a local option to select circuit judges by merit
   44  selection and retention rather than by election. The election of
   45  circuit judges shall be by a vote of the qualified electors
   46  within the territorial jurisdiction of the court.
   47         (2) The election of county court judges shall be preserved
   48  notwithstanding the provisions of subsection (a) unless a
   49  majority of those voting in the jurisdiction of that county
   50  approves a local option to select county judges by merit
   51  selection and retention rather than by election. The election of
   52  county court judges shall be by a vote of the qualified electors
   53  within the territorial jurisdiction of the court.
   54         (3)a. A vote to exercise a local option to select circuit
   55  court judges and county court judges by merit selection and
   56  retention rather than by election shall be held in each circuit
   57  and county at the general election in the year 2000. If a vote
   58  to exercise this local option fails in a vote of the electors,
   59  such option shall not again be put to a vote of the electors of
   60  that jurisdiction until the expiration of at least two years.
   61         b. After the year 2000, a circuit may initiate the local
   62  option for merit selection and retention or the election of
   63  circuit judges, whichever is applicable, by filing with the
   64  custodian of state records a petition signed by the number of
   65  electors equal to at least ten percent of the votes cast in the
   66  circuit in the last preceding election in which presidential
   67  electors were chosen.
   68         c. After the year 2000, a county may initiate the local
   69  option for merit selection and retention or the election of
   70  county court judges, whichever is applicable, by filing with the
   71  supervisor of elections a petition signed by the number of
   72  electors equal to at least ten percent of the votes cast in the
   73  county in the last preceding election in which presidential
   74  electors were chosen. The terms of circuit judges and judges of
   75  county courts shall be for six years.
   76                             ARTICLE XII                           
   77                              SCHEDULE                             
   78         SECTION 32.Increased threshold for retention of justices
   79  and judges.—The amendment to Section 10 of Article V increasing
   80  the threshold needed to retain a justice or judge chosen by
   81  merit selection and retention to at least sixty percent of the
   82  qualified electors voting within the territorial jurisdiction of
   83  the court, and this section, takes effect upon approval by the
   84  electors and applies beginning with any retention vote during
   85  the 2012 general election.
   86         BE IT FURTHER RESOLVED that the following statement be
   87  placed on the ballot:
   88                      CONSTITUTIONAL AMENDMENT                     
   89                        ARTICLE V, SECTION 10                      
   90                       ARTICLE XII, SECTION 32                     
   91         BROADER PUBLIC SUPPORT FOR RETENTION OF JUSTICES AND
   92  JUDGES.—This proposed amendment increases the threshold of
   93  public support needed to retain justices and judges chosen by
   94  merit selection and retention. Under current law, a justice or
   95  judge who appears on the ballot in a retention election is
   96  retained if a simple majority of electors vote to retain the
   97  justice or judge. This amendment provides that a justice or
   98  judge who appears on the ballot in a retention election is
   99  retained if at least 60 percent of electors vote to retain the
  100  justice or judge. The amendment does not apply to judges who are
  101  chosen by election and not by merit selection and retention.
  102  This amendment takes effect immediately upon approval by the
  103  voters and applies to retention elections beginning with the
  104  2012 General Election.
  105  
  106         BE IT FURTHER RESOLVED that the following statement be
  107  placed on the ballot if a court declares the preceding statement
  108  defective and the decision of the court is not reversed:
  109                      CONSTITUTIONAL AMENDMENT                     
  110                        ARTICLE V, SECTION 10                      
  111                       ARTICLE XII, SECTION 32                     
  112         RETENTION OF JUSTICES AND JUDGES.—Currently, retention of a
  113  justice or judge who seeks a new 6-year term requires a simple
  114  majority vote of the qualified electors voting within the
  115  territorial jurisdiction of the court. This amendment increases
  116  the requirement to at least 60 percent of those qualified
  117  electors. The amendment takes effect as soon as it is approved
  118  by the electors, and it applies to any vote to retain a justice
  119  or judge on the ballot in the same general election.
  120  
  121         BE IT FURTHER RESOLVED that the following statement be
  122  placed on the ballot if a court declares the preceding statement
  123  defective and the decision of the court is not reversed:
  124                      CONSTITUTIONAL AMENDMENT                     
  125                        ARTICLE V, SECTION 10                      
  126                       ARTICLE XII, SECTION 32                     
  127         INCREASING THE THRESHOLD REQUIRED TO RETAIN JUSTICES AND
  128  JUDGES.—Proposing an amendment to the State Constitution to
  129  increase the threshold required to retain justices and judges.
  130  Under current law, a justice or judge appears on the ballot at
  131  the end of each term of office for a retention election. If a
  132  majority of the votes cast are for retention, the justice or
  133  judge continues in office, but if a majority votes not to
  134  retain, the justice or judge is removed from office at the end
  135  of the term of office. This amendment changes the threshold to
  136  60 percent; that is, of the votes cast, 60 percent or more would
  137  have to be votes to retain the justice or judge in order for the
  138  justice or judge to retain his or her office for another term.
  139  This provision will apply to all state court appellate justices
  140  and judges, but will apply only to trial court judges in your
  141  judicial circuit or your county if your circuit or county has
  142  approved merit selection and retention; otherwise, this proposed
  143  amendment will not affect your circuit court judges or county
  144  court judges, respectively. The amendment applies immediately to
  145  any justice or judge who is on the ballot for a retention vote
  146  in this election.
  147  
  148         BE IT FURTHER RESOLVED that the following statement be
  149  placed on the ballot if a court declares the preceding statement
  150  defective and the decision of the court is not reversed:
  151                      CONSTITUTIONAL AMENDMENT                     
  152                        ARTICLE V, SECTION 10                      
  153                       ARTICLE XII, SECTION 32                     
  154         INCREASING THE VOTE REQUIRED TO RETAIN A JUSTICE OR JUDGE.
  155  The State Constitution currently provides that a justice or
  156  judge qualifies to be retained in office for an additional term
  157  by receiving the votes of a majority of the qualified electors
  158  voting within the court’s jurisdiction in an election before the
  159  term of the justice or judge ends. This proposed amendment
  160  raises the required votes for retention from a majority of the
  161  qualified electors voting within the court’s jurisdiction to at
  162  least 60 percent. If more than 40 percent of qualified electors
  163  vote against retention, there will be a vacancy in the office
  164  when the justice’s or judge’s term expires. The proposed
  165  amendment takes effect immediately and applies beginning with
  166  any judicial retention vote that is occurring in this same
  167  general election.