Senate Bill sb1794
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Florida Senate - 2001 SJR 1794
By Senator Garcia
39-949-01 See HB
1 Senate Joint Resolution No. ____
2 A joint resolution proposing the revision of
3 Article V of the State Constitution, relating
4 to the judiciary.
5
6 Be It Resolved by the Legislature of the State of Florida:
7
8 That the following revision of Article V of the State
9 Constitution is agreed to and shall be submitted to the
10 electors of Florida for approval or rejection at the next
11 general election or at an earlier special election
12 specifically authorized by law for that purpose:
13
14 ARTICLE V
15 JUDICIARY
16 SECTION 1. Courts.--
17 (a) The judicial power shall be vested in a supreme
18 court, district courts of appeal, circuit courts and county
19 courts. Subject to any additional limitations established in
20 this constitution, the jurisdiction of such courts shall
21 extend only to actual cases in law, equity, admiralty and
22 maritime jurisdiction, and to actual controversies arising
23 under the constitution and the laws of the State of Florida
24 and of the United States. No other courts may be established
25 by the state, any political subdivision or any municipality.
26 The legislature shall, by general law, divide the state into
27 appellate court districts and judicial circuits following
28 county lines, except that a district court of appeal may have
29 geographical jurisdiction up to and including the entire state
30 respecting any subject matter granted within such jurisdiction
31 exclusively to that court by general law. Commissions
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1 established by law, or administrative officers or bodies may
2 be granted quasi-judicial power in matters connected with the
3 functions of their offices. The legislature may establish by
4 general law a civil traffic hearing officer system for the
5 purpose of hearing civil traffic infractions. The legislature
6 may, by general law, authorize a military court-martial to be
7 conducted by military judges of the Florida National Guard,
8 with direct appeal of a decision to the District Court of
9 Appeal, First District.
10 (b) The power granted in this article to issue any
11 writ does not in and of itself grant a court jurisdiction over
12 a case or controversy. Some legal or equitable claim otherwise
13 cognizable by such court is required to establish the
14 jurisdictional basis for the issuance of a writ. The power to
15 issue a writ of quo warranto does not establish power to
16 review any right, power, or duty of a public official other
17 than the right to hold the particular office claimed by such
18 official, and the writ of quo warranto shall not be used for
19 any purpose except to test a person's authority to continue
20 holding an office when challenged by a competing claimant to
21 such office. All writs except those directed to judicial
22 officers shall be subject to statutes of limitation as
23 provided by general law.
24 SECTION 2. Administration; practice and procedure.--
25 (a) The supreme court may shall adopt rules for the
26 practice and procedure in all courts including the time for
27 seeking appellate review, the administrative supervision of
28 all courts, the transfer to the court having jurisdiction of
29 any proceeding when the jurisdiction of another court has been
30 improvidently invoked, and a requirement that no cause shall
31 be dismissed because an improper remedy has been sought. The
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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 not be
5 inconsistent with statutes in place at the time of adoption of
6 such rules, shall be revised to conform to subsequently
7 adopted statutes that regulate substantive rights, and may be
8 repealed by general law enacted by two-thirds vote of the
9 membership of each house of the legislature. Rules adopted
10 pursuant to this section shall neither abridge, enlarge, nor
11 modify the substantive rights of any litigant, but additional
12 rulemaking power may be expressly delegated to courts by
13 general law.
14 (b) The chief justice of the supreme court shall be
15 chosen by a majority of the members of the court; shall be the
16 chief administrative officer of the courts established by this
17 constitution judicial system; and shall have the power to
18 assign justices or judges, including consenting retired
19 justices or judges, to temporary duty in any court for which
20 the judge is qualified and to delegate to a chief judge of a
21 judicial circuit the power to assign judges for duty in that
22 circuit.
23 (c) A chief judge for each district court of appeal
24 shall be chosen by a majority of the judges thereof or, if
25 there is no majority, by the chief justice. The chief judge
26 shall be responsible for the administrative supervision of the
27 court.
28 (d) A chief judge in each circuit shall be chosen from
29 among the circuit judges as provided by supreme court rule.
30 The chief judge shall be responsible for the administrative
31
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1 supervision of the circuit courts and county courts in his
2 circuit.
3 SECTION 3. Supreme court.--
4 (a) ORGANIZATION.--The supreme court shall consist of
5 seven justices. Of the seven justices, each appellate district
6 shall have at least one justice elected or appointed from the
7 district to the supreme court who is a resident of the
8 district at the time of the original appointment or election.
9 Five justices shall constitute a quorum. The concurrence of
10 four justices shall be necessary to a decision. When recusals
11 for cause would prohibit the court from convening because of
12 the requirements of this section, judges assigned to temporary
13 duty may be substituted for justices.
14 (b) JURISDICTION.--Subject to the limitations provided
15 in Section One of this Article, the supreme court:
16 (1) Shall hear appeals from final judgments of trial
17 courts imposing the death penalty and from decisions of
18 district courts of appeal declaring invalid a state statute or
19 a provision of the state constitution.
20 (2) When provided by general law, shall hear appeals
21 from final judgments entered in proceedings for the validation
22 of bonds or certificates of indebtedness and shall review
23 action of statewide agencies relating to rates or service of
24 utilities providing electric, gas, or telephone service.
25 (3) May review any decision of a district court of
26 appeal that expressly declares valid a state statute, or that
27 expressly construes a provision of the state or federal
28 constitution, or that expressly affects a class of
29 constitutional or state officers, or that expressly and
30 directly conflicts with a decision of another district court
31 of appeal or of the supreme court on the same question of law.
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1 (4) May review any decision of a district court of
2 appeal that passes upon a question certified by it to be of
3 great public importance, or that is certified by it to be in
4 direct conflict with a decision of another district court of
5 appeal.
6 (5) May review any order or judgment of a trial court
7 certified by the district court of appeal in which an appeal
8 is pending to be of great public importance, or to have a
9 great effect on the proper administration of justice
10 throughout the state, and certified to require immediate
11 resolution by the supreme court. When a case is certified as
12 requiring immediate resolution by the supreme court, the
13 district court's jurisdiction shall be retained unless and
14 until the supreme court issues an order accepting
15 jurisdiction.
16 (6) May review a question of law certified by the
17 Supreme Court of the United States or a United States Court of
18 Appeals which is determinative of the cause and for which
19 there is no controlling precedent of the supreme court of
20 Florida.
21 (7) May issue writs of prohibition to courts and all
22 writs necessary to the complete exercise of its jurisdiction,
23 provided that the reference to "all writs" does not grant
24 jurisdiction in any case or controversy not otherwise within
25 the court's jurisdiction under paragraphs (1) through (5) of
26 this subsection.
27 (8) May issue writs of mandamus and quo warranto to
28 state officers and state agencies in cases or controversies
29 otherwise properly before the court.
30 (9) May, or any justice may, issue writs of habeas
31 corpus returnable before the supreme court or any justice, a
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1 district court of appeal or any judge thereof, or any circuit
2 judge, provided that such writs are subject to statutes of
3 limitation of not less than two years from the final judgment
4 or mandate on direct appeal in a criminal case.
5 (10) Shall, when requested by the attorney general
6 pursuant to the provisions of Section 10 of Article IV, render
7 an advisory opinion of the justices, addressing issues as
8 provided by general law. This provision constitutes an
9 exception to the case and controversy limitation provided in
10 Section One of this Article and such opinion shall be binding
11 upon all citizens of this state.
12 (11) Shall, when requested by the governor pursuant to
13 the provisions of Article IV, Section 1(c), render an advisory
14 opinion of the justices as therein provided. This provision
15 constitutes an exception to the case and controversy
16 limitation provided in Section One of this Article; however,
17 such opinion shall not be binding upon any party not
18 voluntarily participating in such proceeding.
19 (12) Shall not have jurisdiction to hear original
20 proceedings unless instituted against or relating to a
21 judicial officer or officer of the court pursuant to paragraph
22 (7) of this subsection, or sections 12 and 15 of this article,
23 including claims ancillary to such case or controversy, or
24 unless instituted pursuant to paragraph (2), paragraph (6),
25 paragraph (9), paragraph (10) or paragraph (11) of this
26 subsection.
27 (c) CLERK AND MARSHAL.--The supreme court shall
28 appoint a clerk and a marshal who shall hold office during the
29 pleasure of the court and perform such duties as the court
30 directs. Their compensation shall be fixed by general law.
31 The marshal shall have the power to execute the process of the
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1 court throughout the state, and in any county may deputize the
2 sheriff or a deputy sheriff for such purpose.
3 SECTION 4. District courts of appeal.--
4 (a) ORGANIZATION.--There shall be a district court of
5 appeal serving each appellate district. Each district court
6 of appeal shall consist of at least three judges. Three judges
7 shall consider each case and the concurrence of two shall be
8 necessary to a decision.
9 (b) JURISDICTION.--
10 (1) Unless the subject matter of the case is assigned
11 by general law to another district court of appeal, and unless
12 otherwise limited by general law, district courts of appeal
13 shall have jurisdiction to hear appeals, that may be taken as
14 a matter of right, from final judgments or orders of trial
15 courts, including those entered on review of administrative
16 action, not directly appealable to the supreme court or a
17 circuit court. They may review interlocutory orders in such
18 cases to the extent provided by rules adopted by the supreme
19 court.
20 (2) District courts of appeal shall have the power of
21 direct review of administrative action, as prescribed by
22 general law.
23 (3) A district court of appeal or any judge thereof
24 may issue writs of habeas corpus returnable before the court
25 or any judge thereof or before any circuit judge within the
26 territorial jurisdiction of the court, provided that such
27 writs are subject to statutes of limitation of not less than
28 two years from the final judgment or mandate on direct appeal
29 in a criminal case. A district court of appeal may issue
30 writs of mandamus, certiorari, prohibition, quo warranto, and
31 other writs necessary to the complete exercise of its
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1 jurisdiction, provided that this sentence does not grant
2 jurisdiction in any case or controversy not otherwise within
3 the court's jurisdiction pursuant to paragraphs (1) and (2) of
4 this subsection. To the extent necessary to dispose of all
5 issues in a cause properly before it, a district court of
6 appeal may exercise any of the appellate jurisdiction of the
7 circuit courts.
8 (c) CLERKS AND MARSHALS.--Each district court of
9 appeal shall appoint a clerk and a marshal who shall hold
10 office during the pleasure of the court and perform such
11 duties as the court directs. Their compensation shall be
12 fixed by general law. The marshal shall have the power to
13 execute the process of the court throughout the territorial
14 jurisdiction of the court, and in any county may deputize the
15 sheriff or a deputy sheriff for such purpose.
16 SECTION 5. Circuit courts.--
17 (a) ORGANIZATION.--There shall be a circuit court
18 serving each judicial circuit.
19 (b) JURISDICTION.--The circuit courts shall have all
20 original jurisdiction not vested in the county courts, and
21 jurisdiction of appeals when provided by general law. They
22 shall have the power, subject to the restrictions set forth in
23 Section One of this Article, to issue writs of mandamus, quo
24 warranto, certiorari, prohibition and habeas corpus, and all
25 writs necessary or proper to the complete exercise of their
26 jurisdiction. Jurisdiction of the circuit court shall be
27 uniform throughout the state. They shall have the power of
28 direct review of administrative action prescribed by general
29 law.
30 SECTION 6. County courts.--
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1 (a) ORGANIZATION.--There shall be a county court in
2 each county. There shall be one or more judges for each
3 county court as prescribed by general law.
4 (b) JURISDICTION.--The county courts shall exercise
5 the jurisdiction prescribed by general law. Such jurisdiction
6 shall be uniform throughout the state.
7 SECTION 7. Specialized divisions.--All courts except
8 the supreme court may sit in divisions as may be established
9 by general law. A circuit or county court may hold civil and
10 criminal trials and hearings in any place within the
11 territorial jurisdiction of the court as designated by the
12 chief judge of the circuit.
13 SECTION 8. Eligibility.--No person shall be eligible
14 for office of justice or judge of any court unless the person
15 is an elector of the state and resides in the territorial
16 jurisdiction of the court. No justice or judge shall serve
17 after attaining the age of seventy years except upon temporary
18 assignment or to complete a term, one-half of which has been
19 served. No person is eligible for the office of justice of
20 the supreme court or judge of a district court of appeal
21 unless the person is, and has been for the preceding ten
22 years, a resident authorized to practice law in member of the
23 bar of Florida. No person is eligible for the office of
24 circuit judge unless the person is, and has been for the
25 preceding five years, a resident authorized to practice law in
26 member of the bar of Florida. Unless otherwise provided by
27 general law, no person is eligible for the office of county
28 court judge unless the person is, and has been for the
29 preceding five years, a resident authorized to practice law in
30 member of the bar of Florida. Unless otherwise provided by
31 general law, a person shall be eligible for election or
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1 appointment to the office of county court judge in a county
2 having a population of 40,000 or less if the person is a
3 resident authorized to practice law in member in good standing
4 of the bar of Florida.
5 SECTION 9. Establishment of number of judges
6 Determination of number of judges.--Subject to the limitation
7 on supreme court justices established in Section 3(a) of this
8 Article, the number of judges for all courts shall be
9 established by general law. The supreme court may make
10 recommendations to the legislature regarding any need for an
11 increase or decrease in the number of judges or a change in
12 judicial districts or judicial circuits. The supreme court
13 shall establish by rule uniform criteria for the determination
14 of the need for additional judges except supreme court
15 justices, the necessity for decreasing the number of judges
16 and for increasing, decreasing or redefining appellate
17 districts and judicial circuits. If the supreme court finds
18 that a need exists for increasing or decreasing the number of
19 judges or increasing, decreasing or redefining appellate
20 districts and judicial circuits, it shall, prior to the next
21 regular session of the legislature, certify to the legislature
22 its findings and recommendations concerning such need. Upon
23 receipt of such certificate, the legislature, at the next
24 regular session, shall consider the findings and
25 recommendations and may reject the recommendations or by law
26 implement the recommendations in whole or in part; provided
27 the legislature may create more judicial offices than are
28 recommended by the supreme court or may decrease the number of
29 judicial offices by a greater number than recommended by the
30 court only upon a finding of two-thirds of the membership of
31 both houses of the legislature, that such a need exists. A
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1 decrease in the number of judges shall be effective only after
2 the expiration of a term. If the supreme court fails to make
3 findings as provided above when need exists, the legislature
4 may by concurrent resolution request the court to certify its
5 findings and recommendations and upon the failure of the court
6 to certify its findings for nine consecutive months, the
7 legislature may, upon a finding of two-thirds of the
8 membership of both houses of the legislature that a need
9 exists, increase or decrease the number of judges or increase,
10 decrease or redefine appellate districts and judicial
11 circuits.
12 SECTION 10. Retention; election and terms.--
13 (a) Any justice or judge of a district court of appeal
14 may qualify for retention by a vote of the electors in the
15 general election next preceding the expiration of the
16 justice's or judge's term in the manner prescribed by law. If
17 a justice or judge of a district court of appeal is ineligible
18 or fails to qualify for retention, a vacancy shall exist in
19 that office upon the expiration of the term being served by
20 the justice or judge. When a justice or judge so qualifies,
21 the ballot shall read substantially as follows: "Shall Justice
22 (or Judge) ...(name of justice or judge)... of the ...(name of
23 the court)... be retained in office?" If two-thirds a majority
24 of the qualified electors voting within the territorial
25 jurisdiction of the court vote to retain, the justice or judge
26 shall be retained for a term of six years. The term of the
27 justice or judge retained shall commence on the first Tuesday
28 after the first Monday in January following the general
29 election. If more than one-third a majority of the qualified
30 electors voting on the question of retention within the
31 territorial jurisdiction of the court vote to not retain, a
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1 vacancy shall exist in that office upon the expiration of the
2 term being served by the justice or judge.
3 (b)(1) The election of circuit judges shall be
4 preserved notwithstanding the provisions of subsection (a)
5 unless a majority of those voting in the jurisdiction of that
6 circuit approves a local option to select circuit judges by
7 merit selection and retention rather than by election. The
8 election of circuit judges shall be by a vote of the qualified
9 electors within the territorial jurisdiction of the court.
10 (2) The election of county court judges shall be
11 preserved notwithstanding the provisions of subsection (a)
12 unless a majority of those voting in the jurisdiction of that
13 county approves a local option to select county judges by
14 merit selection and retention rather than by election. The
15 election of county court judges shall be by a vote of the
16 qualified electors within the territorial jurisdiction of the
17 court.
18 (3)a. A vote to exercise a local option to select
19 circuit court judges and county court judges by merit
20 selection and retention rather than by election shall be held
21 in each circuit and county at the general election in the year
22 2000. If a vote to exercise this local option fails in a vote
23 of the electors, such option shall not again be put to a vote
24 of the electors of that jurisdiction until the expiration of
25 at least 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
31
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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 SECTION 11. Vacancies.--
12 (a) Whenever a vacancy occurs in a judicial office to
13 which election for retention applies, the governor shall fill
14 the vacancy by nominating and appointing, by and with the
15 advice and consent of the senate, for a term ending on the
16 first Tuesday after the first Monday in January of the year
17 following the next general election occurring at least one
18 year after the date of appointment, a person eligible to fill
19 the vacancy one of not fewer than three persons nor more than
20 six persons nominated by the appropriate judicial nominating
21 commission.
22 (b) The governor shall fill each vacancy on a circuit
23 court or on a county court, wherein the judges are elected by
24 a majority vote of the electors, by nominating and appointing,
25 by and with the advice and consent of the senate, for a term
26 ending on the first Tuesday after the first Monday in January
27 of the year following the next primary and general election
28 occurring at least one year after the date of appointment, a
29 person eligible to fill the vacancy one of not fewer than
30 three persons nor more than six persons nominated by the
31 appropriate judicial nominating commission. An election shall
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1 be held to fill that judicial office for the term of the
2 office beginning at the end of the appointed term.
3 (c) The governor shall make the nomination within
4 ninety days after the occurrence of a vacancy, unless the
5 governor certifies to the supreme court a need to extend the
6 period to a time certain, not to exceed one hundred eighty
7 days after the occurrence of the vacancy. The nomination shall
8 be transmitted to the senate with the governor's signature.
9 If the senate is not in session at the time the governor
10 transmits the nomination, the senate may call itself into
11 session, by proclamation of the president of the senate, or as
12 otherwise provided by its rules, to consider the nomination.
13 If the senate is not in session during the thirty-day period
14 following the governor's transmission of a judicial
15 nomination, and the senate does not convene within such
16 thirty-day period, the nomination shall be deemed confirmed.
17 If the senate is in session at any time during such thirty-day
18 period and does not confirm such nomination by majority vote
19 of senators voting on the question within such thirty-day
20 period, the nomination shall be rejected, unless the rules of
21 the senate in effect immediately prior to the nomination
22 provide for confirmation in such circumstances. A person
23 nominated to judicial office and rejected by the senate shall
24 not be eligible for nomination to any judicial office until
25 the next following general election. The nominations shall be
26 made within thirty days from the occurrence of a vacancy
27 unless the period is extended by the governor for a time not
28 to exceed thirty days. The governor shall make the
29 appointment within sixty days after the nominations have been
30 certified to the governor.
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1 (d) No judicial rule of conduct or other court rule
2 may limit the political rights of candidates for election or
3 appointment to judicial office, including, but not limited to,
4 serving a political organization, endorsing or opposing other
5 candidates for public office, making speeches, attending
6 political functions, or making statements with respect to
7 issues; however, such limits not inconsistent with other
8 provisions of this constitution may be imposed by general law.
9 There shall be a separate judicial nominating commission as
10 provided by general law for the supreme court, each district
11 court of appeal, and each judicial circuit for all trial
12 courts within the circuit. Uniform rules of procedure shall
13 be established by the judicial nominating commissions at each
14 level of the court system. Such rules, or any part thereof,
15 may be repealed by general law enacted by a majority vote of
16 the membership of each house of the legislature, or by the
17 supreme court, five justices concurring. Except for
18 deliberations of the judicial nominating commissions, The
19 proceedings of the commissions and their records shall be open
20 to the public.
21 SECTION 12. Discipline; removal and retirement.--
22 (a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial
23 qualifications commission is created.
24 (1) There shall be a judicial qualifications
25 commission vested with jurisdiction to investigate and
26 recommend to the Supreme Court of Florida the removal from
27 office of any justice or judge whose conduct, during term of
28 office or otherwise occurring on or after November 1, 1966,
29 (without regard to the effective date of this section)
30 demonstrates a present unfitness to hold office, and to
31 investigate and recommend the discipline of a justice or judge
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1 whose conduct, during term of office or otherwise occurring on
2 or after November 1, 1966 (without regard to the effective
3 date of this section), warrants such discipline. For purposes
4 of this section, discipline is defined as any or all of the
5 following: reprimand, fine, suspension with or without pay, or
6 lawyer discipline. The commission shall have jurisdiction over
7 justices and judges regarding allegations that misconduct
8 occurred before or during service as a justice or judge if a
9 complaint is made no later than one year following service as
10 a justice or judge. The commission shall have jurisdiction
11 regarding allegations of incapacity during service as a
12 justice or judge. The commission shall be composed of:
13 a. Two judges of district courts of appeal selected by
14 the judges of those courts, two circuit judges selected by the
15 judges of the circuit courts and two judges of county courts
16 selected by the judges of those courts;
17 b. Four electors who reside in the state, who are
18 authorized to practice law in the courts members of the bar of
19 Florida, and who shall be chosen by the legislature by
20 concurrent or joint resolution governing body of the bar of
21 Florida; and
22 c. Five electors who reside in the state, who have
23 never held judicial office or been authorized to practice law
24 in the courts members of the bar of Florida, and who shall be
25 appointed by the governor.
26 (2) The members of the judicial qualifications
27 commission shall serve staggered terms, not to exceed six
28 years, as prescribed by general law. No member of the
29 commission except a judge shall be eligible for state judicial
30 office while acting as a member of the commission and for a
31 period of two years thereafter. No member of the commission
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1 shall hold office in a political party or participate in any
2 campaign for judicial office or hold public office; provided
3 that a judge may campaign for judicial office and hold that
4 office. The commission shall elect one of its members as its
5 chairperson.
6 (3) Members of the judicial qualifications commission
7 not subject to impeachment shall be subject to removal from
8 the commission pursuant to the provisions of Article IV,
9 Section 7, Florida Constitution.
10 (4) The commission shall adopt rules regulating its
11 proceedings, the filling of vacancies by the appointing
12 authorities, the disqualification of members, the rotation of
13 members between the panels, and the temporary replacement of
14 disqualified or incapacitated members. The commission's
15 rules, or any part thereof, may be repealed by general law
16 enacted by a majority vote of the membership of each house of
17 the legislature, or by the supreme court, five justices
18 concurring. The commission shall have power to issue
19 subpoenas. Until formal charges against a justice or judge are
20 filed by the investigative panel with the clerk of the supreme
21 court of Florida all proceedings by or before the commission
22 shall be confidential; provided, however, upon a finding of
23 probable cause and the filing by the investigative panel with
24 said clerk of such formal charges against a justice or judge
25 such charges and all further proceedings before the commission
26 shall be public.
27 (5) The commission shall have access to all
28 information from all executive, legislative and judicial
29 agencies, including grand juries, subject to the rules of the
30 commission. At any time, on request of the speaker of the
31 house of representatives or the governor, the commission shall
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1 make available all information in the possession of the
2 commission for use in consideration of impeachment or
3 suspension, respectively.
4 (b) PANELS.--The commission shall be divided into an
5 investigative panel and a hearing panel as established by rule
6 of the commission. The investigative panel is vested with the
7 jurisdiction to receive or initiate complaints, conduct
8 investigations, dismiss complaints, and upon a vote of a
9 simple majority of the panel submit formal charges to the
10 hearing panel. The hearing panel is vested with the authority
11 to receive and hear formal charges from the investigative
12 panel and upon a two-thirds vote of the panel recommend to the
13 supreme court the removal of a justice or judge or the
14 involuntary retirement of a justice or judge for any permanent
15 disability that seriously interferes with the performance of
16 judicial duties. Upon a simple majority vote of the membership
17 of the hearing panel, the panel may recommend to the supreme
18 court that the justice or judge be subject to appropriate
19 discipline.
20 (c) SUPREME COURT.--The supreme court shall receive
21 recommendations from the judicial qualifications commission's
22 hearing panel.
23 (1) The supreme court may accept, reject, or modify in
24 whole or in part the findings, conclusions, and
25 recommendations of the commission and it may order that the
26 justice or judge be subjected to appropriate discipline, or be
27 removed from office with termination of compensation for
28 willful or persistent failure to perform judicial duties or
29 for other conduct unbecoming a member of the judiciary
30 demonstrating a present unfitness to hold office, or be
31 involuntarily retired for any permanent disability that
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1 seriously interferes with the performance of judicial duties.
2 Malafides, scienter or moral turpitude on the part of a
3 justice or judge shall not be required for removal from office
4 of a justice or judge whose conduct demonstrates a present
5 unfitness to hold office. After the filing of a formal
6 proceeding and upon request of the investigative panel, the
7 supreme court may suspend the justice or judge from office,
8 with or without compensation, pending final determination of
9 the inquiry.
10 (2) The supreme court may award costs to the
11 prevailing party.
12 (d) The power of removal conferred by this section
13 shall be both alternative and cumulative to the power of
14 impeachment.
15 (e) Notwithstanding any of the foregoing provisions of
16 this section, if the person who is the subject of proceedings
17 by the judicial qualifications commission is a justice of the
18 supreme court of Florida all justices of such court
19 automatically shall be disqualified to sit as justices of such
20 court with respect to all proceedings therein concerning such
21 person and the supreme court for such purposes shall be
22 composed of a panel consisting of the seven chief judges of
23 the judicial circuits of the state of Florida most senior in
24 tenure of judicial office as circuit judge. For purposes of
25 determining seniority of such circuit judges in the event
26 there be judges of equal tenure in judicial office as circuit
27 judge the judge or judges from the lower numbered circuit or
28 circuits shall be deemed senior. In the event any such chief
29 circuit judge is under investigation by the judicial
30 qualifications commission or is otherwise disqualified or
31 unable to serve on the panel, the next most senior chief
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1 circuit judge or judges shall serve in place of such
2 disqualified or disabled chief circuit judge.
3 (f) All other matters of procedure and organization of
4 the commission and any panels thereof, the selection of judges
5 to serve on the commission, and the power to recover costs of
6 an investigation shall be governed by rules adopted by the
7 supreme court. SCHEDULE TO SECTION 12.--
8 (1) Except to the extent inconsistent with the
9 provisions of this section, all provisions of law and rules of
10 court in force on the effective date of this article shall
11 continue in effect until superseded in the manner authorized
12 by the constitution.
13 (2) After this section becomes effective and until
14 adopted by rule of the commission consistent with it:
15 a. The commission shall be divided, as determined by
16 the chairperson, into one investigative panel and one hearing
17 panel to meet the responsibilities set forth in this section.
18 b. The investigative panel shall be composed of:
19 1. Four judges,
20 2. Two members of the bar of Florida, and
21 3. Three non-lawyers.
22 c. The hearing panel shall be composed of:
23 1. Two judges,
24 2. Two members of the bar of Florida, and
25 3. Two non-lawyers.
26 d. Membership on the panels may rotate in a manner
27 determined by the rules of the commission provided that no
28 member shall vote as a member of the investigative and hearing
29 panel on the same proceeding.
30 e. The commission shall hire separate staff for each
31 panel.
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Florida Senate - 2001 SJR 1794
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1 f. The members of the commission shall serve for
2 staggered terms of six years.
3 g. The terms of office of the present members of the
4 judicial qualifications commission shall expire upon the
5 effective date of the amendments to this section approved by
6 the legislature during the regular session of the legislature
7 in 1996 and new members shall be appointed to serve the
8 following staggered terms:
9 1. Group I.--The terms of five members, composed of
10 two electors as set forth in s. 12(a)(1)c. of Article V, one
11 member of the bar of Florida as set forth in s. 12(a)(1)b. of
12 Article V, one judge from the district courts of appeal and
13 one circuit judge as set forth in s. 12(a)(1)a. of Article V,
14 shall expire on December 31, 1998.
15 2. Group II.--The terms of five members, composed of
16 one elector as set forth in s. 12(a)(1)c. of Article V, two
17 members of the bar of Florida as set forth in s. 12(a)(1)b. of
18 Article V, one circuit judge and one county judge as set forth
19 in s. 12(a)(1)a. of Article V shall expire on December 31,
20 2000.
21 3. Group III.--The terms of five members, composed of
22 two electors as set forth in s. 12(a)(1)c. of Article V, one
23 member of the bar of Florida as set forth in s. 12(a)(1)b.,
24 one judge from the district courts of appeal and one county
25 judge as set forth in s. 12(a)(1)a. of Article V, shall expire
26 on December 31, 2002.
27 h. An appointment to fill a vacancy of the commission
28 shall be for the remainder of the term.
29 i. Selection of members by district courts of appeal
30 judges, circuit judges, and county court judges, shall be by
31 no less than a majority of the members voting at the
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1 respective courts' conferences. Selection of members by the
2 board of governors of the bar of Florida shall be by no less
3 than a majority of the board.
4 j. The commission shall be entitled to recover the
5 costs of investigation and prosecution, in addition to any
6 penalty levied by the supreme court.
7 k. The compensation of members and referees shall not
8 exceed be the travel expenses or transportation and per diem
9 allowance as may be provided by general law.
10 SECTION 13. Prohibited activities.--All justices and
11 judges shall devote full time to their judicial duties. They
12 shall not engage in the practice of law or hold office in any
13 political party.
14 SECTION 14. Judicial salaries.--All justices and
15 judges shall be compensated only by state salaries fixed by
16 general law. The judiciary shall have no power to fix
17 appropriations.
18 SECTION 14. Funding.--
19 (a) All justices and judges shall be compensated only
20 by state salaries fixed by general law. Funding for the
21 operation of state courts established by this constitution
22 system, state attorneys' offices, public defenders' offices,
23 and court-appointed counsel, except as otherwise provided in
24 subsection (c), shall be provided from state revenues
25 appropriated by general law.
26 (b) All funding for the offices of the clerks of the
27 circuit and county courts performing court-related functions,
28 except as otherwise provided in this subsection and subsection
29 (c), shall be provided by adequate and appropriate filing fees
30 for judicial proceedings and service charges and costs for
31 performing court-related functions as required or authorized
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1 by general law. Selected salaries, costs, and expenses of the
2 state courts established by this constitution system may be
3 funded from appropriate filing fees for judicial proceedings
4 and service charges and costs for performing court-related
5 functions, as provided by general law. Where the requirements
6 of either the United States Constitution or the Constitution
7 of the State of Florida preclude the imposition of filing fees
8 for judicial proceedings and service charges and costs for
9 performing court-related functions sufficient to fund the
10 court-related functions of the offices of the clerks of the
11 circuit and county courts, the state may shall provide, as
12 determined by the legislature, adequate and appropriate
13 supplemental funding from state revenues appropriated by
14 general law. Any nonprevailing party in any civil proceeding
15 or any defendant convicted in any criminal proceeding may be
16 assessed, as provided by general law, the full cost of all
17 services utilized and expenses incurred in such proceeding as
18 determined by the clerk of the circuit or county court, to the
19 extent that such services or expenses are provided by
20 appropriations, fees, or service charges pursuant to this
21 subsection or subsection (a). Such assessments may be
22 enforced in the same manner as any money judgment or tax
23 obligation.
24 (c) No county or municipality, except as provided in
25 this subsection, shall be required to provide any funding for
26 the state courts established by this constitution system,
27 state attorneys' offices, public defenders' offices,
28 court-appointed counsel or the offices of the clerks of the
29 circuit and county courts performing court-related functions.
30 Counties shall be required to fund the cost of communications
31 services, existing radio systems, existing multi-agency
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1 criminal justice information systems, and the cost of
2 construction or lease, maintenance, utilities, and security of
3 facilities for the trial courts, public defenders' offices,
4 state attorneys' offices, and the offices of the clerks of the
5 circuit and county courts performing court-related functions.
6 Counties shall also pay reasonable and necessary salaries,
7 costs, and expenses of the state courts established by this
8 constitution system to meet local requirements as determined
9 by general law.
10 (d) The judiciary shall have no power to fix or order
11 any modification of appropriations.
12 SECTION 15. Attorneys; admission and discipline.--The
13 supreme court shall have exclusive jurisdiction to regulate
14 the admission of persons to the practice of law before the
15 courts of this state and the discipline of persons admitted.
16 The cost of such regulation and discipline shall be funded by
17 appropriations, disciplinary penalties, and fees paid to the
18 supreme court as authorized by general law. No attorney may
19 be required to pay dues to any organization and no fees may be
20 otherwise assessed by the court as a condition to admission to
21 practice law before the courts of this state. The
22 professional practice of law other than before the courts of
23 this state may be regulated by general law.
24 SECTION 16. Clerks of the circuit courts.--There shall
25 be in each county a clerk of the circuit court who shall be
26 selected pursuant to the provisions of Article VIII section 1.
27 Notwithstanding any other provision of the constitution, the
28 duties of the clerk of the circuit court may be divided by
29 special or general law between two officers, one serving as
30 clerk of court and one serving as ex officio clerk of the
31 board of county commissioners, auditor, recorder, and
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Florida Senate - 2001 SJR 1794
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1 custodian of all county funds. There may be a clerk of the
2 county court if authorized by general or special law.
3 SECTION 17. State attorneys.--In each judicial circuit
4 a state attorney shall be elected for a term of four years.
5 Except as otherwise provided in this constitution, the state
6 attorney shall be the prosecuting officer of all trial courts
7 in that circuit and shall perform other duties prescribed by
8 general law; provided, however, when authorized by general
9 law, the violations of all municipal ordinances may be
10 prosecuted by municipal prosecutors. A state attorney shall
11 be an elector of the state and reside in the territorial
12 jurisdiction of the circuit; shall be and have been authorized
13 to practice law in a member of the bar of Florida for the
14 preceding five years; shall devote full time to the duties of
15 the office; and shall not engage in the private practice of
16 law. State attorneys shall appoint such assistant state
17 attorneys as may be authorized by law.
18 SECTION 18. Public defenders.--In each judicial
19 circuit a public defender shall be elected for a term of four
20 years, who shall perform duties prescribed by general law. A
21 public defender shall be an elector of the state and reside in
22 the territorial jurisdiction of the circuit and shall be and
23 have been authorized to practice law in a member of the Bar of
24 Florida for the preceding five years. Public defenders shall
25 appoint such assistant public defenders as may be authorized
26 by law.
27 SECTION 19. Judicial officers as conservators of the
28 peace.--All judicial officers in this state shall be
29 conservators of the peace.
30 SECTION 20. Schedule to Article V.--
31
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1 (a) This article shall replace all of Article V of the
2 Constitution of 1885, as amended, which shall then stand
3 repealed.
4 (b) Except to the extent inconsistent with the
5 provisions of this article, all provisions of law and rules of
6 court in force on the effective date of this article shall
7 continue in effect until superseded in the manner authorized
8 by the constitution.
9 (c) After this article becomes effective, and until
10 changed by general law consistent with sections 1 through 19
11 of this article:
12 (1) The supreme court shall have the jurisdiction
13 immediately theretofore exercised by it, and it shall
14 determine all proceedings pending before it on the effective
15 date of this article.
16 (2) The appellate districts shall be those in
17 existence on the date of adoption of this article. There
18 shall be a district court of appeal in each district. The
19 district courts of appeal shall have the jurisdiction
20 immediately theretofore exercised by the district courts of
21 appeal and shall determine all proceedings pending before them
22 on the effective date of this article.
23 (3) Circuit courts shall have jurisdiction of appeals
24 from county courts and municipal courts, except those appeals
25 which may be taken directly to the supreme court; and they
26 shall have exclusive original jurisdiction in all actions at
27 law not cognizable by the county courts; of proceedings
28 relating to the settlement of the estate of decedents and
29 minors, the granting of letters testamentary, guardianship,
30 involuntary hospitalization, the determination of
31 incompetency, and other jurisdiction usually pertaining to
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1 courts of probate; in all cases in equity including all cases
2 relating to juveniles; of all felonies and of all misdemeanors
3 arising out of the same circumstances as a felony which is
4 also charged; in all cases involving legality of any tax
5 assessment or toll; in the action of ejectment; and in all
6 actions involving the titles or boundaries or right of
7 possession of real property. The circuit court may issue
8 injunctions. There shall be judicial circuits which shall be
9 the judicial circuits in existence on the date of adoption of
10 this article. The chief judge of a circuit may authorize a
11 county court judge to order emergency hospitalizations
12 pursuant to Chapter 71-131, Laws of Florida, in the absence
13 from the county of the circuit judge and the county court
14 judge shall have the power to issue all temporary orders and
15 temporary injunctions necessary or proper to the complete
16 exercise of such jurisdiction.
17 (4) County courts shall have original jurisdiction in
18 all criminal misdemeanor cases not cognizable by the circuit
19 courts, of all violations of municipal and county ordinances,
20 and of all actions at law in which the matter in controversy
21 does not exceed the sum of two thousand five hundred dollars
22 ($2,500.00) exclusive of interest and costs, except those
23 within the exclusive jurisdiction of the circuit courts.
24 Judges of county courts shall be committing magistrates. The
25 county courts shall have jurisdiction now exercised by the
26 county judge's courts other than that vested in the circuit
27 court by subsection (c)(3) hereof, the jurisdiction now
28 exercised by the county courts, the claims court, the small
29 claims courts, the small claims magistrates courts,
30 magistrates courts, justice of the peace courts, municipal
31 courts and courts of chartered counties, including but not
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Florida Senate - 2001 SJR 1794
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1 limited to the counties referred to in Article VIII, sections
2 9, 10, 11 and 24 of the Constitution of 1885.
3 (5) Each judicial nominating commission shall be
4 composed of the following:
5 a. Three members appointed by the Board of Governors
6 of The Florida Bar from among The Florida Bar members who are
7 actively engaged in the practice of law with offices within
8 the territorial jurisdiction of the affected court, district
9 or circuit;
10 b. Three electors who reside in the territorial
11 jurisdiction of the court or circuit appointed by the
12 governor; and
13 c. Three electors who reside in the territorial
14 jurisdiction of the court or circuit and who are not members
15 of the bar of Florida, selected and appointed by a majority
16 vote of the other six members of the commission.
17 (6) No justice or judge shall be a member of a
18 judicial nominating commission. A member of a judicial
19 nominating commission may hold public office other than
20 judicial office. No member shall be eligible for appointment
21 to state judicial office so long as that person is a member of
22 a judicial nominating commission and for a period of two years
23 thereafter. All acts of a judicial nominating commission
24 shall be made with a concurrence of a majority of its members.
25 (7) The members of a judicial nominating commission
26 shall serve for a term of four years except the terms of the
27 initial members of the judicial nominating commissions shall
28 expire as follows:
29 a. The terms of one member of category a. b. and c. in
30 subsection (c)(5) hereof shall expire on July 1, 1974;
31
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Florida Senate - 2001 SJR 1794
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1 b. The terms of one member of category a. b. and c. in
2 subsection (c)(5) hereof shall expire on July 1, 1975;
3 c. The terms of one member of category a. b. and c. in
4 subsection (c)(5) hereof shall expire on July 1, 1976;
5 (8) All fines and forfeitures arising from offenses
6 tried in the county court shall be collected, and accounted
7 for by clerk of the court, and deposited in a special trust
8 account. All fines and forfeitures received from violations
9 of ordinances or misdemeanors committed within a county or
10 municipal ordinances committed within a municipality within
11 the territorial jurisdiction of the county court shall be paid
12 monthly to the county or municipality respectively. If any
13 costs are assessed and collected in connection with offenses
14 tried in county court, all court costs shall be paid into the
15 general revenue fund of the state of Florida and such other
16 funds as prescribed by general law.
17 (9) Any municipality or county may apply to the chief
18 judge of the circuit in which that municipality or county is
19 situated for the county court to sit in a location suitable to
20 the municipality or county and convenient in time and place to
21 its citizens and police officers and upon such application
22 said chief judge shall direct the court to sit in the location
23 unless the chief judge shall determine the request is not
24 justified. If the chief judge does not authorize the county
25 court to sit in the location requested, the county or
26 municipality may apply to the supreme court for an order
27 directing the county court to sit in the location. Any
28 municipality or county which so applies shall be required to
29 provide the appropriate physical facilities in which the
30 county court may hold court.
31
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1 (10) All courts except the supreme court may sit in
2 divisions as may be established by local rule approved by the
3 supreme court.
4 (11) A county court judge in any county having a
5 population of 40,000 or less according to the last decennial
6 census, shall not be required to be a member of the bar of
7 Florida.
8 (12) Municipal prosecutors may prosecute violations of
9 municipal ordinances.
10 (13) Justice shall mean a justice elected or appointed
11 to the supreme court and shall not include any judge assigned
12 from any court.
13 (d) When this article becomes effective:
14 (1) All courts not herein authorized, except as
15 provided by subsection (d)(4) of this section shall cease to
16 exist and jurisdiction to conclude all pending cases and
17 enforce all prior orders and judgments shall vest in the court
18 that would have jurisdiction of the cause if thereafter
19 instituted. All records of and property held by courts
20 abolished hereby shall be transferred to the proper office of
21 the appropriate court under this article.
22 (2) Judges of the following courts, if their terms do
23 not expire in 1973 and if they are eligible under subsection
24 (d)(8) hereof, shall become additional judges of the circuit
25 court for each of the counties of their respective circuits,
26 and shall serve as such circuit judges for the remainder of
27 the terms to which they were elected and shall be eligible for
28 election as circuit judges thereafter. These courts are: civil
29 court of record of Dade county, all criminal courts of record,
30 the felony courts of record of Alachua, Leon and Volusia
31 Counties, the courts of record of Broward, Brevard, Escambia,
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1 Hillsborough, Lee, Manatee and Sarasota Counties, the civil
2 and criminal court of record of Pinellas County, and county
3 judge's courts and separate juvenile courts in counties having
4 a population in excess of 100,000 according to the 1970
5 federal census. On the effective date of this article, there
6 shall be an additional number of positions of circuit judges
7 equal to the number of existing circuit judges and the number
8 of judges of the above named courts whose term expires in
9 1973. Elections to such offices shall take place at the same
10 time and manner as elections to other state judicial offices
11 in 1972 and the terms of such offices shall be for a term of
12 six years. Unless changed pursuant to section nine of this
13 article, the number of circuit judges presently existing and
14 created by this subsection shall not be changed.
15 (3) In all counties having a population of less than
16 100,000 according to the 1970 federal census and having more
17 than one county judge on the date of the adoption of this
18 article, there shall be the same number of judges of the
19 county court as there are county judges existing on that date
20 unless changed pursuant to section 9 of this article.
21 (4) Municipal courts shall continue with their same
22 jurisdiction until amended or terminated in a manner
23 prescribed by special or general law or ordinances, or until
24 January 3, 1977, whichever occurs first. On that date all
25 municipal courts not previously abolished shall cease to
26 exist. Judges of municipal courts shall remain in office and
27 be subject to reappointment or reelection in the manner
28 prescribed by law until said courts are terminated pursuant to
29 the provisions of this subsection. Upon municipal courts
30 being terminated or abolished in accordance with the
31 provisions of this subsection, the judges thereof who are not
31
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1 members of the bar of Florida, shall be eligible to seek
2 election as judges of county courts of their respective
3 counties.
4 (5) Judges, holding elective office in all other
5 courts abolished by this article, whose terms do not expire in
6 1973 including judges established pursuant to Article VIII,
7 sections 9 and 11 of the Constitution of 1885 shall serve as
8 judges of the county court for the remainder of the term to
9 which they were elected. Unless created pursuant to section
10 9, of this Article V such judicial office shall not continue
11 to exist thereafter.
12 (6) By March 21, 1972, the supreme court shall certify
13 the need for additional circuit and county judges. The
14 legislature in the 1972 regular session may by general law
15 create additional offices of judge, the terms of which shall
16 begin on the effective date of this article. Elections to
17 such offices shall take place at the same time and manner as
18 election to other state judicial offices in 1972.
19 (7) County judges of existing county judge's courts
20 and justices of the peace and magistrates' court who are not
21 members of bar of Florida shall be eligible to seek election
22 as county court judges of their respective counties.
23 (8) No judge of a court abolished by this article
24 shall become or be eligible to become a judge of the circuit
25 court unless the judge has been a member of bar of Florida for
26 the preceding five years.
27 (9) The office of judges of all other courts abolished
28 by this article shall be abolished as of the effective date of
29 this article.
30 (10) The offices of county solicitor and prosecuting
31 attorney shall stand abolished, and all county solicitors and
32
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1 prosecuting attorneys holding such offices upon the effective
2 date of this article shall become and serve as assistant state
3 attorneys for the circuits in which their counties are situate
4 for the remainder of their terms, with compensation not less
5 than that received immediately before the effective date of
6 this article.
7 (e) LIMITED OPERATION OF SOME PROVISIONS.--
8 (1) All justices of the supreme court, judges of the
9 district courts of appeal and circuit judges in office upon
10 the effective date of this article shall retain their offices
11 for the remainder of their respective terms. All members of
12 the judicial qualifications commission in office upon the
13 effective date of this article shall retain their offices for
14 the remainder of their respective terms. Each state attorney
15 in office on the effective date of this article shall retain
16 the office for the remainder of the term.
17 (2) No justice or judge holding office immediately
18 after this article becomes effective who held judicial office
19 on July 1, 1957, shall be subject to retirement from judicial
20 office because of age pursuant to section 8 of this article.
21 (f) Until otherwise provided by law, the nonjudicial
22 duties required of county judges shall be performed by the
23 judges of the county court.
24 (g) All provisions of Article V of the Constitution of
25 1885, as amended, not embraced herein which are not
26 inconsistent with this revision shall become statutes subject
27 to modification or repeal as are other statutes.
28 (h) The requirements of section 14 relative to all
29 county court judges or any judge of a municipal court who
30 continues to hold office pursuant to subsection (d)(4) hereof
31
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1 being compensated by state salaries shall not apply prior to
2 January 3, 1977, unless otherwise provided by general law.
3 (i) DELETION OF OBSOLETE SCHEDULE ITEMS.--The
4 legislature shall have power, by concurrent resolution, to
5 delete from this article any subsection of this section 20
6 including this subsection, when all events to which the
7 subsection to be deleted is or could become applicable have
8 occurred. A legislative determination of fact made as a basis
9 for application of this subsection shall be subject to
10 judicial review.
11 (j) EFFECTIVE DATE.--Unless otherwise provided herein,
12 this article shall become effective at 11:59 o'clock P.M.,
13 Eastern Standard Time, January 1, 1973.
14 BE IT FURTHER RESOLVED that the following statement be
15 placed on the ballot:
16
17 CONSTITUTIONAL AMENDMENT
18 ARTICLE V
19
20 REVISION OF ARTICLE V.--Proposing a revision of Article
21 V of the State Constitution, relating to the Judiciary, to:
22 1. Limit the jurisdiction of the courts, including
23 the jurisdiction to issue most writs, to actual cases in
24 law, equity, admiralty, and maritime jurisdiction and to
25 actual controversies arising under the Constitution and
26 the laws of the State of Florida and the United States.
27 2. Prohibit rules of the Supreme Court from being
28 inconsistent with statutes in place at the time of the
29 adoption of the rules, and provide that the rules must be
30 revised to conform to subsequently adopted statutes that
31 regulate substantive rights and that rules may be
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1 repealed by general law adopted by a majority, rather
2 than 2/3, of each house of the Legislature.
3 3. Provide that rules adopted by the court shall
4 neither abridge, enlarge, nor modify the substantive
5 rights of any litigant, but additional rulemaking power
6 may be delegated to courts by general law.
7 4. Limit the District Courts of Appeal jurisdiction
8 to appeals and the Supreme Court jurisdiction to appeals,
9 advisory opinions authorized by the constitution, writs
10 of habeas corpus, and prohibitions and adoption of rules,
11 discipline, and review of questions certified by the
12 Supreme Court of the United States or a United States
13 Court of Appeal.
14 5. Provide that writs issued by the Supreme Court
15 are subject to statutes of limitation and that in a
16 criminal case the statute of limitation shall be for a
17 period no shorter than 2 years from the final judgment or
18 mandate on direct appeal in a criminal case.
19 6. Provide for the retention of Supreme Court
20 justices and District Courts of Appeal judges by a
21 two-thirds vote rather than a majority vote, and
22 eliminate local option for retention elections for county
23 and circuit court judges.
24 7. Provide that the Governor shall nominate and
25 appoint applicants for a court vacancy with the advice
26 and consent of the Senate with a provision for
27 confirmation when the Senate is not in session, and
28 eliminate judicial nominating commissions.
29 8. Provide that any nonprevailing party in any
30 civil proceeding or any defendant convicted in any
31 criminal proceeding may be assessed, as provided by
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1 general law, the full cost of all services used and
2 expenses incurred in such proceeding as determined by the
3 clerk of the circuit or county court, to the extent that
4 such services or expenses are provided by certain
5 appropriations, fees, or service charges.
6 9. Provide for the state funding of "courts
7 established by the Constitution" rather than state
8 funding of the "state court system."
9 10. Provide that the judiciary shall have no power
10 to set or modify legislative appropriations.
11 11. Grant the Supreme Court exclusive jurisdiction
12 to discipline and regulate the admission of persons to
13 practice law before the courts and provide for regulation
14 by general law of the professional practice of law other
15 than before the courts.
16 12. Provide that no attorney shall be required to
17 pay dues to any organization as a condition to admission
18 to practice law before the courts of the state and
19 prohibit the court from assessing any fee as a condition
20 to admission to practice law before the courts of the
21 state, and conform provisions relating to judges, state
22 attorneys, public defenders, and members of the Judicial
23 Qualifications Commission.
24 13. Remove The Florida Bar from the appointment of
25 members of the Judicial Nominating Commission and allow
26 the Legislature to appoint attorney members to the
27 commission.
28 14. Reduce judicial certification to optional
29 advice rather than constitutional determination of need.
30
31
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1 15. Restore the election of county and circuit
2 judges by eliminating the 1998 amendment allowing local
3 option for appointment and retention of such judges.
4 16. Eliminate judicial power to impose a gag rule
5 on judicial candidates and allow political limitations by
6 general law not inconsistent with other provisions of the
7 Constitution.
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CODING: Words stricken are deletions; words underlined are additions.