Senate Bill 1598

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



    Florida Senate - 1998                                 SJR 1598

    By Senator Gutman





    34-1016A-98                                            See HJR

  1                 Senate Joint Resolution No.     

  2         A joint resolution proposing amendments to

  3         Sections 1, 2, and 3 of Article V of the State

  4         Constitution relating to the judicial branch of

  5         government.

  6

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

  8

  9         That the amendments to Sections 1, 2, and 3 of Article

10  V of the State Constitution set forth below are agreed to and

11  shall be submitted to the electors of Florida for approval or

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

13         SECTION 1.  Courts; review of criminal cases and

14  juvenile delinquency cases.--

15         (a)  The judicial power shall be vested in a supreme

16  court, a court of criminal appeals, district courts of appeal,

17  circuit courts and county courts.  No other courts may be

18  established by the state, any political subdivision or any

19  municipality.  The legislature shall, by general law, divide

20  the state into appellate court districts and judicial circuits

21  following county lines. Commissions established by law, or

22  administrative officers or bodies may be granted

23  quasi-judicial power in matters connected with the functions

24  of their offices. The legislature may establish by general law

25  a civil traffic hearing officer system for the purpose of

26  hearing civil traffic infractions.

27         (b)  Notwithstanding any provision in this article, a

28  state court shall not review or examine the legality of a

29  judgment or sentence imposed in a criminal case or a juvenile

30  delinquency case by a court of competent jurisdiction, except

31  pursuant to a direct appeal of the judgment or sentence to the

                                  1

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1  court having appellate jurisdiction over that criminal case or

  2  juvenile delinquency case.

  3         SECTION 2.  Administration; practice and procedure.--

  4         (a)  The supreme court shall adopt rules for the

  5  practice and procedure in all courts except as provided in

  6  Section 3, including the time for seeking appellate review,

  7  the administrative supervision of all courts except for the

  8  court of criminal appeals, the transfer to the court having

  9  jurisdiction of any proceeding when the jurisdiction of

10  another court has been improvidently invoked, and a

11  requirement that no cause shall be dismissed because an

12  improper remedy has been sought.  These rules may be repealed

13  by general law enacted by two-thirds vote of the membership of

14  each house of the legislature.

15         (b)  The chief justice of the supreme court shall be

16  chosen by a majority of the members of the court.  He shall be

17  the chief administrative officer of the judicial system,

18  excluding the court of criminal appeals.  He shall have the

19  power to assign justices or judges, including consenting

20  retired justices or judges, to temporary duty in any court for

21  which the judge is qualified, excluding the court of criminal

22  appeals, and to delegate to a chief judge of a judicial

23  circuit the power to assign judges for duty in his respective

24  circuit.

25         (c)  A chief judge for each district court of appeal

26  shall be chosen by a majority of the judges thereof or, if

27  there is no majority, by the chief justice.  The chief judge

28  shall be responsible for the administrative supervision of the

29  court.

30         (d)  A chief judge in each circuit shall be chosen from

31  among the circuit judges as provided by supreme court rule.

                                  2

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1  The chief judge shall be responsible for the administrative

  2  supervision of the circuit courts and county courts in his

  3  circuit.

  4         SECTION 3.  Supreme court; court of criminal appeals.--

  5         (a)  SUPREME COURT.--

  6         (1)(a)  Organization.--The supreme court shall consist

  7  of seven justices.  Of the seven justices, each appellate

  8  district shall have at least one justice elected or appointed

  9  from the district to the supreme court who is a resident of

10  the district at the time of the justice's his original

11  appointment or election.  Five justices shall constitute a

12  quorum.  The concurrence of four justices shall be necessary

13  to a decision. When recusals for cause would prohibit the

14  court from convening because of the requirements of this

15  section, judges assigned to temporary duty may be substituted

16  for justices.

17         (2)(b)  Jurisdiction.--Except as provided herein, the

18  supreme court:

19         a.(1)  Shall hear appeals from final judgments of trial

20  courts imposing the death penalty and from decisions of

21  district courts of appeal declaring invalid a state statute or

22  a provision of the state constitution.

23         b.(2)  When provided by general law, shall hear appeals

24  from final judgments entered in proceedings for the validation

25  of bonds or certificates of indebtedness and shall review

26  action of statewide agencies relating to rates or service of

27  utilities providing electric, gas, or telephone service.

28         c.(3)  May review any decision of a district court of

29  appeal, except in a criminal case or juvenile delinquency

30  case, that expressly declares valid a state statute, or that

31  expressly construes a provision of the state or federal

                                  3

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1  constitution, or that expressly affects a class of

  2  constitutional or state officers, or that expressly and

  3  directly conflicts with a decision of another district court

  4  of appeal or of the supreme court on the same question of law.

  5         d.(4)  May review any decision, except in a criminal

  6  case or juvenile delinquency case, of a district court of

  7  appeal that passes upon a question certified by it to be of

  8  great public importance, or that is certified by it to be in

  9  direct conflict with a decision of another district court of

10  appeal.

11         e.(5)  May review any order or judgment, except in a

12  criminal case or juvenile delinquency case, of a trial court

13  certified by the district court of appeal in which an appeal

14  is pending to be of great public importance, or to have a

15  great effect on the proper administration of justice

16  throughout the state, and certified to require immediate

17  resolution by the supreme court.

18         f.(6)  May review a question of law, except in a

19  criminal case or juvenile delinquency case, certified by the

20  Supreme Court of the United States or a United States Court of

21  Appeals which is determinative of the cause and for which

22  there is no controlling precedent of the supreme court of

23  Florida.

24         g.(7)  May issue writs of prohibition to courts and all

25  writs necessary to the complete exercise of its jurisdiction.

26         h.(8)  May issue writs of mandamus and quo warranto to

27  state officers and state agencies.

28         i.(9)  May, or any justice may, issue writs of habeas

29  corpus returnable before the supreme court or any justice of

30  the supreme court, a district court of appeal or any judge

31  thereof, or any circuit judge.

                                  4

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1         j.(10)  Shall, when requested by the attorney general

  2  pursuant to the provisions of Section 10 of Article IV, render

  3  an advisory opinion of the justices, addressing issues as

  4  provided by general law.

  5         (b)  COURT OF CRIMINAL APPEALS.--

  6         (1)  Organization.--There shall be a court of criminal

  7  appeals. The court of criminal appeals shall be established as

  8  provided by general law. The court of criminal appeals may sit

  9  for the transaction of business at any time during the year,

10  and each term shall begin and end with each calendar year.

11  Five judges shall constitute a quorum, and the concurrence of

12  four judges shall be necessary for a decision. The court of

13  criminal appeals may appoint judges for temporary duty and

14  commissioners in aid of the court of criminal appeals as

15  provided by general law.

16         (2)  Justices.--The court of criminal appeals shall

17  consist of seven justices. For each appellate district, one

18  justice, who resides in the district at the time of

19  appointment, shall be appointed to the court of criminal

20  appeals. The remaining two justices shall be appointed

21  statewide, and may reside anywhere in the state at the time of

22  original appointment. Each justice shall be nominated and

23  appointed by the governor, with the nomination to be confirmed

24  by the senate; however, justices who are required to reside in

25  the district at the time of appointment must be elected for

26  any subsequent term. The justices appointed statewide by the

27  governor may be reappointed for a subsequent term by the

28  governor, subject to confirmation by the senate. The justices

29  shall have four-year terms concurrent with the term of the

30  office of governor. The time and manner of the elections for

31  the justices shall be provided by general law; however, such

                                  5

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1  elections shall be contested and may not be retention

  2  elections. The governor shall designate a chief justice of the

  3  court within ninety days of the general election, or as

  4  provided by general law. When a vacancy in office occurs

  5  before the expiration of the term of office, the governor

  6  shall appoint a justice to serve the remaining portion of the

  7  term, subject to confirmation by the senate. The

  8  qualifications for office and amount of compensation for each

  9  justice shall be the same as those for a justice of the

10  supreme court. In cases of demonstrated unfitness to hold

11  office or other judicial misconduct by a justice of the court

12  of criminal appeals, the justice shall be subject to those

13  disciplinary sanctions, including removal from office in

14  appropriate cases, that would be applicable to a justice of

15  the supreme court.

16         (3)  Jurisdiction.--The court of criminal appeals shall

17  have final jurisdiction in any appellate case or controversy

18  involving criminal law, criminal penalties, criminal

19  procedure, juvenile delinquency law, juvenile delinquency

20  sanctions, juvenile delinquency procedure, or related actions

21  regarding the interpretation or resolution of matters directly

22  affecting the criminal law or juvenile delinquency law. The

23  court of criminal appeals shall have final appellate

24  jurisdiction and rulemaking authority coextensive with the

25  limits of the state, and its determinations shall be final, in

26  all criminal cases and juvenile delinquency cases, with such

27  exceptions and under such provisions as may be provided herein

28  or by general law enacted by majority vote. The appeal of all

29  cases in which the death penalty has been assessed shall be

30  from the trial court to the court of criminal appeals. In

31  addition, the court of criminal appeals:

                                  6

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1         a.  May review any decision in a criminal case or

  2  juvenile delinquency case of a district court of appeal with

  3  such exceptions as may be provided by general law.

  4         b.  May review any order or judgment of a trial court

  5  in a criminal case or juvenile delinquency case certified by

  6  the district court of appeal in which an appeal is pending to

  7  be of great public importance, or to have a great effect on

  8  the proper administration of justice throughout the state, and

  9  certified to require immediate resolution by the court of

10  criminal appeals.

11         c.  May review a question of law in a criminal case or

12  juvenile delinquency case certified by the Supreme Court of

13  the United States or a United States Court of Appeals which is

14  determinative of the cause and for which there is no

15  controlling precedent of the supreme court of Florida or court

16  of criminal appeals of Florida.

17         d.  May issue writs of prohibition to courts and all

18  writs necessary to the complete exercise of its jurisdiction.

19         e.  May issue writs of mandamus and quo warranto to

20  state officers and state agencies.

21         f.  May, or any justice may, issue writs of habeas

22  corpus returnable before the court of criminal appeals or any

23  justice of the court of criminal appeals, a district court of

24  appeal or any judge thereof, or any circuit judge.

25         (4)  Rules of court.--The court of criminal appeals

26  shall have the final and exclusive authority to adopt and

27  interpret the rules of criminal procedure and juvenile

28  delinquency procedure, and any other rules affecting criminal

29  proceedings or juvenile delinquency proceedings. Any rules

30  adopted by the court of criminal appeals may be repealed by

31  general law enacted by majority vote. The Florida Rules of

                                  7

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






    Florida Senate - 1998                                 SJR 1598
    34-1016A-98                                            See HJR




  1  Criminal Procedure, the Florida Rules of Juvenile Procedure,

  2  and any other rules of criminal procedure or juvenile

  3  delinquency procedure of this state shall remain in effect

  4  until they are superseded by rules adopted by the court of

  5  criminal appeals.

  6         (c)  CLERK AND MARSHAL.--The supreme court shall

  7  appoint a clerk and a marshal, and the court of criminal

  8  appeals shall appoint a clerk and a marshal. The clerk and

  9  marshal of each court who shall hold office during the

10  pleasure of the court and perform such duties as the court

11  directs. Their compensation shall be fixed by general law.

12  The marshal of each court shall have the power to execute the

13  process of the court throughout the state, and in any county

14  may deputize the sheriff or a deputy sheriff for such purpose.

15         BE IT FURTHER RESOLVED that in accordance with the

16  requirements of section 101.161, Florida Statutes, the title

17  and substance of the amendment proposed herein shall appear on

18  the ballot as follows:

19         LIMITATION ON CRIMINAL AND JUVENILE DELINQUENCY

20        APPEALS AND CREATION OF COURT OF CRIMINAL APPEALS

21         Proposing amendments to Sections 1, 2, and 3 of Article

22  V of the State Constitution limiting criminal and juvenile

23  delinquency appeals; transferring criminal and juvenile

24  delinquency jurisdiction of the Florida Supreme Court to a

25  newly created court of criminal appeals; providing for the

26  appointment or election of justices and officers of such

27  court; and transferring rulemaking authority relating to

28  criminal and juvenile delinquency matters from the Supreme

29  Court to the court of criminal appeals.

30

31

                                  8