House Bill 1031c1
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HJR 1031
By the Committee on Judiciary and Representatives Crist,
Ball, Futch, Feeney, Byrd, Trovillion, Bense, Melvin, Peaden,
Brummer, Fasano, Wise, Farkas, Bainter, Littlefield, Argenio,
Kelly, Maygarden, Andrews, Sorensen, Murman and Flanagan
1 House Joint Resolution
2 A joint resolution proposing an amendment to
3 Section 2 of Article V of the State
4 Constitution relating to administration of the
5 Supreme Court.
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7 Be It Resolved by the Legislature of the State of Florida:
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9 That the amendment to Section 2 of Article V of the State
10 Constitution set forth below is agreed to and shall be
11 submitted to the electors of Florida for approval or rejection
12 at the general election to be held in November 2000:
13 SECTION 2. Administration; practice and procedure.--
14 (a) The supreme court shall adopt rules for the
15 practice and procedure in all courts including the time for
16 seeking appellate review, the administrative supervision of
17 all courts, the transfer to the court having jurisdiction of
18 any proceeding when the jurisdiction of another court has been
19 improvidently invoked, and a requirement that no cause shall
20 be dismissed because an improper remedy has been sought.
21 Nothing in this section shall limit the authority of the
22 legislature to enact by general law limitations on actions or
23 requirements for expediting particular classes of cases.
24 Nothing in this constitution shall be construed to limit the
25 authority of the legislature to limit by general law the time
26 within which persons sentenced to death may challenge their
27 convictions and sentences in state courts. Rules adopted by
28 the supreme court shall not be in conflict with general law.
29 The supreme court shall adopt rules to allow the court and the
30 district courts of appeal to submit questions relating to
31 military law to the federal Court of Appeals for the Armed
1
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Florida House of Representatives - 2000 CS/HJR 1031
687-136-00
1 Forces for an advisory opinion. Rules of court may be
2 repealed or modified by general law enacted by two-thirds vote
3 of the membership of each house of the legislature.
4 (b) The chief justice of the supreme court shall be
5 chosen by a majority of the members of the court; shall be the
6 chief administrative officer of the judicial system; and shall
7 have the power to assign justices or judges, including
8 consenting retired justices or judges, to temporary duty in
9 any court for which the judge is qualified and to delegate to
10 a chief judge of a judicial circuit the power to assign judges
11 for duty in that circuit.
12 (c) A chief judge for each district court of appeal
13 shall be chosen by a majority of the judges thereof or, if
14 there is no majority, by the chief justice. The chief judge
15 shall be responsible for the administrative supervision of the
16 court.
17 (d) A chief judge in each circuit shall be chosen from
18 among the circuit judges as provided by supreme court rule.
19 The chief judge shall be responsible for the administrative
20 supervision of the circuit courts and county courts in his
21 circuit.
22 BE IT FURTHER RESOLVED that in accordance with the
23 requirements of section 101.161, Florida Statutes, the title
24 and substance of the amendment proposed herein shall appear on
25 the ballot as follows:
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27 RULES OF COURT
28 SUBJECT TO GENERAL LAW
29 Proposes that the Legislature may enact limitations on
30 actions or requirements for expediting particular classes of
31 cases and may limit the time within which persons sentenced to
2
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 CS/HJR 1031
687-136-00
1 death may challenge their convictions and sentences. Proposes
2 that rules adopted by the court shall not be in conflict with,
3 and may be repealed or modified by, general law. Deletes
4 requirement of two-thirds vote of the Legislature for repeal
5 of court rules.
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