Senate Bill 0816

    Florida Senate - 1998                                  SJR 816

    By Senator Horne





    6-772-98                                               See HJR

  1                 Senate Joint Resolution No.     

  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.

  6

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

  8

  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

                                  1

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






    Florida Senate - 1998                                  SJR 816
    6-772-98                                               See HJR




  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

29

30

31

                                  2

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






    Florida Senate - 1998                                  SJR 816
    6-772-98                                               See HJR




  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.

18

19

20

21

22

23

24

25

26

27

28

29

30

31

                                  3