Senate Bill 1464
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Florida Senate - 1998 SJR 1464
By Senator Dudley
25-919A-98 See HJR
1 Senate Joint Resolution No.
2 A joint resolution proposing amendments to
3 Sections 3 and 10 of Article V of the State
4 Constitution relating to election of supreme
5 court justices and judges of a district court
6 of appeal.
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8 Be It Resolved by the Legislature of the State of Florida:
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10 That the following amendments to Sections 3 and 10 of
11 Article V of the State Constitution are agreed to and shall be
12 submitted to the electors of this state for approval or
13 rejection at the general election to be held in November 1998:
14 ARTICLE V
15 JUDICIARY
16 SECTION 3. Supreme court.--
17 (a) ORGANIZATION.--The supreme court shall consist of
18 seven justices. Of the seven justices, each appellate
19 district shall have at least one justice elected or appointed
20 from the district to the supreme court who is a resident of
21 the district at the time of his original appointment or
22 election. Five justices shall constitute a quorum. The
23 concurrence of four justices shall be necessary to a decision.
24 When recusals for cause would prohibit the court from
25 convening because of the requirements of this section, judges
26 assigned to temporary duty may be substituted for justices.
27 (b) JURISDICTION.--The supreme court:
28 (1) Shall hear appeals from final judgments of trial
29 courts imposing the death penalty and from decisions of
30 district courts of appeal declaring invalid a state statute or
31 a provision of the state constitution.
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Florida Senate - 1998 SJR 1464
25-919A-98 See HJR
1 (2) When provided by general law, shall hear appeals
2 from final judgments entered in proceedings for the validation
3 of bonds or certificates of indebtedness and shall review
4 action of statewide agencies relating to rates or service of
5 utilities providing electric, gas, or telephone service.
6 (3) May review any decision of a district court of
7 appeal that expressly declares valid a state statute, or that
8 expressly construes a provision of the state or federal
9 constitution, or that expressly affects a class of
10 constitutional or state officers, or that expressly and
11 directly conflicts with a decision of another district court
12 of appeal or of the supreme court on the same question of law.
13 (4) May review any decision of a district court of
14 appeal that passes upon a question certified by it to be of
15 great public importance, or that is certified by it to be in
16 direct conflict with a decision of another district court of
17 appeal.
18 (5) May review any order or judgment of a trial court
19 certified by the district court of appeal in which an appeal
20 is pending to be of great public importance, or to have a
21 great effect on the proper administration of justice
22 throughout the state, and certified to require immediate
23 resolution by the supreme court.
24 (6) May review a question of law certified by the
25 Supreme Court of the United States or a United States Court of
26 Appeals which is determinative of the cause and for which
27 there is no controlling precedent of the supreme court of
28 Florida.
29 (7) May issue writs of prohibition to courts and all
30 writs necessary to the complete exercise of its jurisdiction.
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CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SJR 1464
25-919A-98 See HJR
1 (8) May issue writs of mandamus and quo warranto to
2 state officers and state agencies.
3 (9) May, or any justice may, issue writs of habeas
4 corpus returnable before the supreme court or any justice, a
5 district court of appeal or any judge thereof, or any circuit
6 judge.
7 (10) Shall, when requested by the attorney general
8 pursuant to the provisions of Section 10 of Article IV, render
9 an advisory opinion of the justices, addressing issues as
10 provided by general law.
11 (c) CLERK AND MARSHAL.--The supreme court shall
12 appoint a clerk and a marshal who shall hold office during the
13 pleasure of the court and perform such duties as the court
14 directs. Their compensation shall be fixed by general law.
15 The marshal shall have the power to execute the process of the
16 court throughout the state, and in any county may deputize the
17 sheriff or a deputy sheriff for such purpose.
18 SECTION 10. Election; retention; election and terms.--
19 (a) Supreme court justices shall be elected for a term
20 of six years by vote of the qualified electors within
21 single-member supreme court election districts. The
22 territorial limits of such districts shall be prescribed by
23 law. Each justice shall reside in the supreme court election
24 district from which he or she was elected at the time of
25 election. Each supreme court justice shall exercise
26 jurisdiction throughout the state, without regard to the
27 election district from which he or she was elected.
28 (a) Any justice of the supreme court or any judge of a
29 district court of appeal may qualify for retention by a vote
30 of the electors in the general election next preceding the
31 expiration of his term in the manner prescribed by law. If a
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Florida Senate - 1998 SJR 1464
25-919A-98 See HJR
1 justice or judge is ineligible or fails to qualify for
2 retention, a vacancy shall exist in that office upon the
3 expiration of the term being served by the justice or judge.
4 When a justice of the supreme court or a judge of a district
5 court of appeal so qualifies, the ballot shall read
6 substantially as follows: "Shall Justice (or Judge) ...(name
7 of justice or judge)... of the ...(name of the court)... be
8 retained in office?" If a majority of the qualified electors
9 voting within the territorial jurisdiction of the court vote
10 to retain, the justice or judge shall be retained for a term
11 of six years commencing on the first Tuesday after the first
12 Monday in January following the general election. If a
13 majority of the qualified electors voting within the
14 territorial jurisdiction of the court vote to not retain, a
15 vacancy shall exist in that office upon the expiration of the
16 term being served by the justice or judge.
17 (b) Judges of a district court of appeal, circuit
18 judges, and judges of county courts shall be elected by vote
19 of the qualified electors within the territorial jurisdiction
20 of their respective courts. The terms of judges of a district
21 court of appeal and circuit judges shall be for six years.
22 The terms of judges of county courts shall be for four years.
23 BE IT FURTHER RESOLVED that the following statement be
24 placed on the ballot:
25 CONSTITUTIONAL AMENDMENT
26 ARTICLE V, SECTIONS 3 AND 10
27 ELECTION OF SUPREME COURT JUSTICES AND APPELLATE
28 JUDGES.--Proposing amendments to the State Constitution to
29 eliminate retention elections for Supreme Court Justices and
30 judges of district courts of appeal and to provide for the
31 election of supreme court justices from single-member
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Florida Senate - 1998 SJR 1464
25-919A-98 See HJR
1 districts prescribed by law and for the election of judges of
2 district courts of appeal.
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