Senate Bill 1022

CODING: Words stricken are deletions; words underlined are additions.



    Florida Senate - 1998                                 SJR 1022

    By Senator Ostalkiewicz





    12-840-98                                              See HJR

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing an amendment to

  3         Section 10 of Article V of the State

  4         Constitution relating to terms of justices and

  5         judges.

  6

  7  Be It Resolved by the Legislature of the State of Florida:

  8

  9         That the amendment to Section 10 of Article V of the

10  State Constitution set forth below is agreed to and shall be

11  submitted to the electors of Florida for approval or rejection

12  at the general election to be held in November 1998:

13         SECTION 10.  Retention; election and terms.--

14         (a)  Any justice of the supreme court or any judge of a

15  district court of appeal may qualify for retention by a vote

16  of the electors in the general election next preceding the

17  expiration of his term in the manner prescribed by law.  If a

18  justice or judge is ineligible or fails to qualify for

19  retention, a vacancy shall exist in that office upon the

20  expiration of the term being served by the justice or judge.

21  When a justice of the supreme court or a judge of a district

22  court of appeal so qualifies, the ballot shall read

23  substantially as follows: "Shall Justice (or Judge) ...(name

24  of justice or judge)... of the ...(name of the court)... be

25  retained in office?" If a majority of the qualified electors

26  voting within the territorial jurisdiction of the court vote

27  to retain, the justice or judge shall be retained for a term

28  of six years commencing on the first Tuesday after the first

29  Monday in January following the general election.  If a

30  majority of the qualified electors voting within the

31  territorial jurisdiction of the court vote to not retain, a

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CODING: Words stricken are deletions; words underlined are additions.






    Florida Senate - 1998                                 SJR 1022
    12-840-98                                              See HJR




  1  vacancy shall exist in that office upon the expiration of the

  2  term being served by the justice or judge.

  3         (b)  Circuit judges and judges of county courts shall

  4  be elected by vote of the qualified electors within the

  5  territorial jurisdiction of their respective courts.  The

  6  terms of circuit judges shall be for six years.  The terms of

  7  judges of county courts shall be for four years.

  8         (c)  Supreme court justices, district court of appeal

  9  judges, and circuit judges shall serve no more than two

10  consecutive terms of six years each. For the purpose of this

11  subsection, service to fill a vacancy in office by appointment

12  to a term that includes any portion of more than four separate

13  calendar years shall be considered a term served. The term

14  served by appointment shall be deemed to have commenced on the

15  date the vacancy in office occurs.

16         (d)  County court judges shall serve no more than three

17  consecutive terms of four years each. For the purpose of this

18  subsection, service to fill a vacancy in office by appointment

19  to a term that includes any portion of more than three

20  separate calendar years shall be considered a term served. The

21  term served by appointment shall be deemed to have commenced

22  on the date the vacancy in office occurs.

23         BE IT FURTHER RESOLVED that in accordance with the

24  requirements of section 101.161, Florida Statutes, the title

25  and substance of the amendment proposed herein shall appear on

26  the ballot as follows:

27                   TERMS OF JUSTICES AND JUDGES

28         Limits supreme court justices, district court of appeal

29  judges, and circuit judges to no more than 2 consecutive

30  6-year terms, and county court judges to no more than 3

31  consecutive 4-year terms.

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