Senate Bill 2224

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



    Florida Senate - 2000                                 SJR 2224

    By Senator Burt





    16-1269-00                                        See HJR 1031

  1                 Senate Joint Resolution No.     

  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 following amendment to Section 2 of Article V of the

10  State Constitution is agreed to and shall be submitted to the

11  electors of this state for approval or rejection at the next

12  general election or at an earlier special election

13  specifically authorized by law for that purpose:

14                            ARTICLE V

15                            JUDICIARY

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

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

18  practice and procedure in all courts including the time for

19  seeking appellate review, the administrative supervision of

20  all courts, the transfer to the court having jurisdiction of

21  any proceeding when the jurisdiction of another court has been

22  improvidently invoked, and a requirement that no cause shall

23  be dismissed because an improper remedy has been sought.

24  Nothing in this section shall limit the authority of the

25  legislature to enact by general law limitations on actions or

26  requirements for expediting particular classes of cases.

27  Nothing in this constitution shall be construed to limit the

28  authority of the legislature to limit by general law the time

29  within which persons sentenced to death may challenge their

30  convictions and sentences in state courts. Rules adopted by

31  the supreme court shall be consistent with general law. The

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






    Florida Senate - 2000                                 SJR 2224
    16-1269-00                                        See HJR 1031




  1  supreme court shall adopt rules to allow the court and the

  2  district courts of appeal to submit questions relating to

  3  military law to the federal Court of Appeals for the Armed

  4  Forces for an advisory opinion.  Rules of court may be

  5  repealed or modified by general law enacted by two-thirds vote

  6  of the membership of each house of the legislature.

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

  8  chosen by a majority of the members of the court; shall be the

  9  chief administrative officer of the judicial system; and shall

10  have the power to assign justices or judges, including

11  consenting retired justices or judges, to temporary duty in

12  any court for which the judge is qualified and to delegate to

13  a chief judge of a judicial circuit the power to assign judges

14  for duty in that circuit.

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

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

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

18  shall be responsible for the administrative supervision of the

19  court.

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

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

22  The chief judge shall be responsible for the administrative

23  supervision of the circuit courts and county courts in his

24  circuit.

25         BE IT FURTHER RESOLVED that the following statement be

26  placed on the ballot:

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28                     CONSTITUTIONAL AMENDMENT

29                       ARTICLE V, SECTION 2

30         RULES OF COURT SUBJECT TO GENERAL LAW.--Proposing an

31  amendment to the State Constitution to allow the Legislature

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






    Florida Senate - 2000                                 SJR 2224
    16-1269-00                                        See HJR 1031




  1  to enact limitations on actions or requirements for expediting

  2  particular classes of cases and limit the time within which

  3  persons sentenced to death may challenge their convictions and

  4  sentences; to require court rules to be consistent with, and

  5  allow them to be repealed or modified by, general law; and to

  6  eliminate the two-thirds-vote requirement for the Legislature

  7  to repeal court rules.

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