CODING: Words stricken are deletions; words underlined are additions.House Bill 1725
Florida House of Representatives - 1997 HJR 1725
By Representatives Burroughs, Flanagan, Fasano,
Littlefield and Feeney
1 House Joint Resolution
2 A joint resolution proposing amendments to
3 Section 10 of Article V and Section 4 of
4 Article VI of the State Constitution relating
5 to judicial terms and term limitations.
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7 Be It Resolved by the Legislature of the State of Florida:
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9 That the following amendments to Section 10 of Article
10 V and Section 4 of Article VI of the State Constitution are
11 agreed to and shall be submitted to the electors of this state
12 for approval or rejection at the next general election or at
13 an earlier special election specifically authorized by law for
14 that purpose:
15 ARTICLE V
16 JUDICIARY
17 SECTION 10. Retention; election and terms.--
18 (a) Any justice of the supreme court or any judge of a
19 district court of appeal may qualify for retention by a vote
20 of the electors in the general election next preceding the
21 expiration of his term in the manner prescribed by law. If a
22 justice or judge is ineligible or fails to qualify for
23 retention, a vacancy shall exist in that office upon the
24 expiration of the term being served by the justice or judge.
25 When a justice of the supreme court or a judge of a district
26 court of appeal so qualifies, the ballot shall read
27 substantially as follows: "Shall Justice (or Judge) ...(name
28 of justice or judge)... of the ...(name of the court)... be
29 retained in office?" If a majority of the qualified electors
30 voting within the territorial jurisdiction of the court vote
31 to retain, the justice or judge shall be retained for a term
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Florida House of Representatives - 1997 HJR 1725
554-161A-97
1 of four six years commencing on the first Tuesday after the
2 first Monday in January following the general election. If a
3 majority of the qualified electors voting within the
4 territorial jurisdiction of the court vote to not retain, a
5 vacancy shall exist in that office upon the expiration of the
6 term being served by the justice or judge.
7 (b) Circuit judges and judges of county courts shall
8 be elected by vote of the qualified electors within the
9 territorial jurisdiction of their respective courts. The
10 terms of circuit judges shall be for six years. The terms of
11 judges of county courts shall be for four years.
12 ARTICLE VI
13 SUFFRAGE AND ELECTIONS
14 SECTION 4. Disqualifications.--
15 (a) No person convicted of a felony, or adjudicated in
16 this or any other state to be mentally incompetent, shall be
17 qualified to vote or hold office until restoration of civil
18 rights or removal of disability.
19 (b) No person may appear on the ballot for re-election
20 or retention to any of the following offices:
21 (1) Florida representative,
22 (2) Florida senator,
23 (3) Florida Lieutenant governor,
24 (4) any office of the Florida cabinet,
25 (5) U.S. Representative from Florida, or
26 (6) U.S. Senator from Florida,
27 (7) justice of the supreme court, or
28 (8) judge of a district court of appeal
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Florida House of Representatives - 1997 HJR 1725
554-161A-97
1 if, by the end of the current term of office, the person will
2 have served (or, but for resignation, would have served) in
3 that office for eight consecutive years.
4 BE IT FURTHER RESOLVED that in accordance with the
5 requirements of section 101.161, Florida Statutes, the title
6 and substance of the amendment proposed herein shall appear on
7 the ballot as follows:
8 LIMITATION ON TERMS OF
9 APPELLATE JUSTICES AND JUDGES
10 Proposing amendments to Section 10 of Article V and
11 Section 4 of Article VI of the State Constitution shortening
12 the terms of supreme court justices and district courts of
13 appeal judges from six to four years and prohibiting a supreme
14 court justice or a judge of a district court of appeal from
15 seeking retention in office if he or she will have served
16 eight consecutive years in that judicial office when the new
17 term begins.
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