House Bill 0351

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    Florida House of Representatives - 1999                HJR 351

        By Representative Brummer






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 10 of Article V of the State

  4         Constitution relating to the judiciary.

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

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

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

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 2000:

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

13         (a)  Any justice or judge may qualify for retention by

14  a vote of the electors in the general election next preceding

15  the expiration of the justice's or judge's term in the manner

16  prescribed by law.  If a justice or judge is ineligible or

17  fails to qualify for retention, a vacancy shall exist in that

18  office upon the expiration of the term being served by the

19  justice or judge.  When a justice or judge so qualifies, the

20  ballot shall read substantially as follows: "Shall Justice (or

21  Judge) ...(name of justice or judge)... of the ...(name of the

22  court)... be retained in office?" If a majority of the

23  qualified electors voting within the territorial jurisdiction

24  of the court vote to retain, the justice or judge shall be

25  retained for a term of six years.  The term of the justice or

26  judge retained shall commence on the first Tuesday after the

27  first Monday in January following the general election.  If a

28  majority of the qualified electors voting within the

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

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

31  term being served by the justice or judge.

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    Florida House of Representatives - 1999                HJR 351

    703-100-99






  1         (b)

  2         (1)  The election of circuit judges shall be preserved

  3  notwithstanding the provisions of subsection (a) unless a

  4  majority of those voting in the jurisdiction of that circuit

  5  approves a local option to select circuit judges by merit

  6  selection and retention rather than by election.  The election

  7  of circuit judges shall be by a vote of the qualified electors

  8  within the territorial jurisdiction of the court.

  9         (2)  The election of county court judges shall be

10  preserved notwithstanding the provisions of subsection (a)

11  unless a majority of those voting in the jurisdiction of that

12  county approves a local option to select county judges by

13  merit selection and retention rather than by election.  The

14  election of county court judges shall be by a vote of the

15  qualified electors within the territorial jurisdiction of the

16  court.

17         (3)

18         a.  A vote to exercise a local option to select circuit

19  court judges and county court judges by merit selection and

20  retention rather than by election shall be held in each

21  circuit and county at the general election in the year 2000.

22  If a vote to exercise this local option fails in a vote of the

23  electors, such option shall not again be put to a vote of the

24  electors of that jurisdiction until the expiration of at least

25  two years.

26         b.  After the year 2000, a circuit may initiate the

27  local option for merit selection and retention or the election

28  of circuit judges, whichever is applicable, by filing with the

29  secretary of state a petition signed by the number of electors

30  equal to at least ten percent of the votes cast in the circuit

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    Florida House of Representatives - 1999                HJR 351

    703-100-99






  1  in the last preceding election in which presidential electors

  2  were chosen.

  3         c.  After the year 2000, a county may initiate the

  4  local option for merit selection and retention or the election

  5  of county court judges, whichever is applicable, by filing

  6  with the supervisor of elections a petition signed by the

  7  number of electors equal to at least ten percent of the votes

  8  cast in the county in the last preceding election in which

  9  presidential electors were chosen. The terms of circuit judges

10  and judges of county courts shall be for six years.

11         (c)  A candidate for election to, or retention in, any

12  judicial office shall not be precluded from taking a public

13  position on issues.

14         BE IT FURTHER RESOLVED that in accordance with the

15  requirements of section 101.161, Florida Statutes, the title

16  and substance of the amendment proposed herein shall appear on

17  the ballot as follows:

18                ALLOWS JUDICIAL CANDIDATES TO TAKE

19                   A PUBLIC POSITION ON ISSUES

20         Provides that candidates for election to or retention

21  in judicial office may take a public position on issues.

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