House Bill hb0001

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    Florida House of Representatives - 2002                  HJR 1

        By Representative Kyle






  1                      House Joint Resolution

  2         A joint resolution proposing a 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 revision of Article V of the State

  9  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 2002:

12  

13                            ARTICLE V

14                            JUDICIARY

15         SECTION 1.  Courts.--

16         (a)  The judicial power shall be vested in a supreme

17  court, district courts of appeal, circuit courts and county

18  courts. Subject to any additional limitations established in

19  this constitution, the jurisdiction of such courts shall

20  extend only to actual cases in law, equity, admiralty and

21  maritime jurisdiction, and to actual controversies arising

22  under the constitution and the laws of the State of Florida

23  and of the United States. No other courts may be established

24  by the state, any political subdivision or any municipality.

25  The legislature shall, by general law, divide the state into

26  appellate court districts and judicial circuits following

27  county lines, except that a district court of appeal may have

28  geographical jurisdiction up to and including the entire state

29  respecting any subject matter granted within such jurisdiction

30  exclusively to that court by general law. Commissions

31  established by law, or administrative officers or bodies may

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  1  be granted quasi-judicial power in matters connected with the

  2  functions of their offices. The legislature may establish by

  3  general law a civil traffic hearing officer system for the

  4  purpose of hearing civil traffic infractions.  The legislature

  5  may, by general law, authorize a military court-martial to be

  6  conducted by military judges of the Florida National Guard,

  7  with direct appeal of a decision to the District Court of

  8  Appeal, First District.

  9         (b)  The power granted in this article to issue any

10  writ does not in and of itself grant a court jurisdiction over

11  a case or controversy. Some legal or equitable claim otherwise

12  cognizable by such court is required to establish the

13  jurisdictional basis for the issuance of a writ. The power to

14  issue a writ of quo warranto does not establish power to

15  review any right, power, or duty of a public official other

16  than the right to hold the particular office claimed by such

17  official, and the writ of quo warranto shall not be used for

18  any purpose except to test a person's authority to continue

19  holding an office when challenged by competing claimant to

20  such office. All writs except those directed to judicial

21  officers shall be subject to statutes of limitation as

22  provided by general law.

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

24         (a)  The supreme court may shall adopt rules for the

25  practice and procedure in all courts including the time for

26  seeking appellate review, the administrative supervision of

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

28  any proceeding when the jurisdiction of another court has been

29  improvidently invoked, and a requirement that no cause shall

30  be dismissed because an improper remedy has been sought.  The

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

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  1  district courts of appeal to submit questions relating to

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

  3  Forces for an advisory opinion.  Rules of court may not be

  4  inconsistent with statutes in place at the time of adoption of

  5  such rules, shall be revised to conform to subsequently

  6  adopted statutes that regulate substantive rights, and may be

  7  repealed by general law enacted by two-thirds vote of the

  8  membership of each house of the legislature. Rules adopted

  9  pursuant to this section shall neither abridge, enlarge, nor

10  modify the substantive rights of any litigant, but additional

11  rulemaking power may be expressly delegated to courts by

12  general law.

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

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

15  chief administrative officer of the courts established by this

16  constitution judicial system; and shall have the power to

17  assign justices or judges, including consenting retired

18  justices or judges, to temporary duty in any court for which

19  the judge is qualified and to delegate to a chief judge of a

20  judicial circuit the power to assign judges for duty in that

21  circuit.

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

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

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

25  shall be responsible for the administrative supervision of the

26  court.

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

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

29  The chief judge shall be responsible for the administrative

30  supervision of the circuit courts and county courts in his

31  circuit.

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  1         SECTION 3.  Supreme court.--

  2         (a)  ORGANIZATION.--The supreme court shall consist of

  3  seven justices. Of the seven justices, each appellate district

  4  shall have at least one justice elected or appointed from the

  5  district to the supreme court who is a resident of the

  6  district at the time of the original appointment or election.

  7  Five justices shall constitute a quorum.  The concurrence of

  8  four justices shall be necessary to a decision. When recusals

  9  for cause would prohibit the court from convening because of

10  the requirements of this section, judges assigned to temporary

11  duty may be substituted for justices.

12         (b)  JURISDICTION.--Subject to the limitations provided

13  in Section 1 of this Article, the supreme court:

14         (1)  Shall hear appeals from final judgments of trial

15  courts imposing the death penalty and from decisions of

16  district courts of appeal declaring invalid a state statute or

17  a provision of the state constitution.

18         (2)  When provided by general law, shall hear appeals

19  from final judgments entered in proceedings for the validation

20  of bonds or certificates of indebtedness and shall review

21  action of statewide agencies relating to rates or service of

22  utilities providing electric, gas, or telephone service.

23         (3)  May review any decision of a district court of

24  appeal that expressly declares valid a state statute, or that

25  expressly construes a provision of the state or federal

26  constitution, or that expressly affects a class of

27  constitutional or state officers, or that expressly and

28  directly conflicts with a decision of another district court

29  of appeal or of the supreme court on the same question of law.

30         (4)  May review any decision of a district court of

31  appeal that passes upon a question certified by it to be of

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  1  great public importance, or that is certified by it to be in

  2  direct conflict with a decision of another district court of

  3  appeal.

  4         (5)  May review any order or judgment of a trial court

  5  certified by the district court of appeal in which an appeal

  6  is pending to be of great public importance, or to have a

  7  great effect on the proper administration of justice

  8  throughout the state, and certified to require immediate

  9  resolution by the supreme court. When a case is certified as

10  requiring immediate resolution by the supreme court, the

11  district court's jurisdiction shall be retained unless and

12  until the supreme court issues an order accepting

13  jurisdiction.

14         (6)  May review a question of law certified by the

15  Supreme Court of the United States or a United States Court of

16  Appeals which is determinative of the cause and for which

17  there is no controlling precedent of the supreme court of

18  Florida.

19         (7)  May issue writs of prohibition to courts and all

20  writs necessary to the complete exercise of its jurisdiction,

21  provided that "all writs" does not grant jurisdiction in any

22  case or controversy not otherwise within the court's

23  jurisdiction under paragraphs (1) through (5) of this

24  subsection.

25         (8)  May issue writs of mandamus and quo warranto to

26  state officers and state agencies in cases or controversies

27  otherwise properly before the court.

28         (9)  May, or any justice may, issue writs of habeas

29  corpus returnable before the supreme court or any justice, a

30  district court of appeal or any judge thereof, or any circuit

31  judge, provided that such writs are subject to statutes of

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  1  limitation of not shorter than two years from the final

  2  judgment or mandate on direct appeal in a criminal case.

  3         (10)  Shall, when requested by the attorney general

  4  pursuant to the provisions of Section 10 of Article IV, render

  5  an advisory opinion of the justices, addressing issues as

  6  provided by general law. This provision constitutes an

  7  exception to the case and controversy limitation provided in

  8  Section 1 of this Article and such opinion shall be binding

  9  upon all citizens of this state.

10         (11)  Shall, when requested by the governor pursuant to

11  the provisions of Article IV, Section 1(c), render an advisory

12  opinion of the justices as therein provided. This provision

13  constitutes an exception to the case and controversy

14  limitation provided in Section 1 of this Article; however,

15  such opinion shall not be binding upon any party not

16  voluntarily participating in such proceeding.

17         (12)  Shall not have jurisdiction to hear original

18  proceedings unless instituted against or relating to a

19  judicial officer or officer of the court pursuant to paragraph

20  (7) of this subsection, or sections 12 and 15 of this article,

21  including claims ancillary to such case or controversy, or

22  unless instituted pursuant to paragraph (2), paragraph (6),

23  paragraph (9), paragraph (10) or paragraph (11) of this

24  subsection.

25         (c)  CLERK AND MARSHAL.--The supreme court shall

26  appoint a clerk and a marshal who shall hold office during the

27  pleasure of the court and perform such duties as the court

28  directs. Their compensation shall be fixed by general law.

29  The marshal shall have the power to execute the process of the

30  court throughout the state, and in any county may deputize the

31  sheriff or a deputy sheriff for such purpose.

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  1         SECTION 4.  District courts of appeal.--

  2         (a)  ORGANIZATION.--There shall be a district court of

  3  appeal serving each appellate district.  Each district court

  4  of appeal shall consist of at least three judges. Three judges

  5  shall consider each case and the concurrence of two shall be

  6  necessary to a decision.

  7         (b)  JURISDICTION.--

  8         (1)  Unless the subject matter of the case is assigned

  9  by general law to another district court of appeal, and unless

10  otherwise limited by general law, district courts of appeal

11  shall have jurisdiction to hear appeals, that may be taken as

12  a matter of right, from final judgments or orders of trial

13  courts, including those entered on review of administrative

14  action, not directly appealable to the supreme court or a

15  circuit court.  They may review interlocutory orders in such

16  cases to the extent provided by rules adopted by the supreme

17  court.

18         (2)  District courts of appeal shall have the power of

19  direct review of administrative action, as prescribed by

20  general law.

21         (3)  A district court of appeal or any judge thereof

22  may issue writs of habeas corpus returnable before the court

23  or any judge thereof or before any circuit judge within the

24  territorial jurisdiction of the court, provided that such

25  writs are subject to statutes of limitation of not shorter

26  than two years from the final judgment or mandate on direct

27  appeal in a criminal case.  A district court of appeal may

28  issue writs of mandamus, certiorari, prohibition, quo

29  warranto, and other writs necessary to the complete exercise

30  of its jurisdiction, provided that this sentence does not

31  grant jurisdiction in any case or controversy not otherwise

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  1  within the court's jurisdiction pursuant to paragraphs (1) and

  2  (2) of this subsection.  To the extent necessary to dispose of

  3  all issues in a cause properly before it, a district court of

  4  appeal may exercise any of the appellate jurisdiction of the

  5  circuit courts.

  6         (c)  CLERKS AND MARSHALS.--Each district court of

  7  appeal shall appoint a clerk and a marshal who shall hold

  8  office during the pleasure of the court and perform such

  9  duties as the court directs.  Their compensation shall be

10  fixed by general law. The marshal shall have the power to

11  execute the process of the court throughout the territorial

12  jurisdiction of the court, and in any county may deputize the

13  sheriff or a deputy sheriff for such purpose.

14         SECTION 5.  Circuit courts.--

15         (a)  ORGANIZATION.--There shall be a circuit court

16  serving each judicial circuit.

17         (b)  JURISDICTION.--The circuit courts shall have all

18  original jurisdiction not vested in the county courts, and

19  jurisdiction of appeals when provided by general law.  They

20  shall have the power, subject to the restrictions set forth in

21  Section One of this Article, to issue writs of mandamus, quo

22  warranto, certiorari, prohibition and habeas corpus, and all

23  writs necessary or proper to the complete exercise of their

24  jurisdiction. Jurisdiction of the circuit court shall be

25  uniform throughout the state.  They shall have the power of

26  direct review of administrative action prescribed by general

27  law.

28         SECTION 6.  County courts.--

29         (a)  ORGANIZATION.--There shall be a county court in

30  each county.  There shall be one or more judges for each

31  county court as prescribed by general law.

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  1         (b)  JURISDICTION.--The county courts shall exercise

  2  the jurisdiction prescribed by general law.  Such jurisdiction

  3  shall be uniform throughout the state.

  4         SECTION 7.  Specialized divisions.--All courts except

  5  the supreme court may sit in divisions as may be established

  6  by general law.  A circuit or county court may hold civil and

  7  criminal trials and hearings in any place within the

  8  territorial jurisdiction of the court as designated by the

  9  chief judge of the circuit.

10         SECTION 8.  Eligibility.--No person shall be eligible

11  for office of justice or judge of any court unless the person

12  is an elector of the state and resides in the territorial

13  jurisdiction of the court.  No justice or judge shall serve

14  after attaining the age of seventy years except upon temporary

15  assignment or to complete a term, one-half of which has been

16  served.  No person is eligible for the office of justice of

17  the supreme court or judge of a district court of appeal

18  unless the person is, and has been for the preceding ten

19  years, a member of the bar of Florida.  No person is eligible

20  for the office of circuit judge unless the person is, and has

21  been for the preceding five years, a member of the bar of

22  Florida.  Unless otherwise provided by general law, no person

23  is eligible for the office of county court judge unless the

24  person is, and has been for the preceding five years, a member

25  of the bar of Florida.  Unless otherwise provided by general

26  law, a person shall be eligible for election or appointment to

27  the office of county court judge in a county having a

28  population of 40,000 or less if the person is a member in good

29  standing of the bar of Florida.

30         SECTION 9.  Determination of number of judges.--The

31  supreme court shall establish by rule uniform criteria for the

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  1  determination of the need for additional judges except supreme

  2  court justices, the necessity for decreasing the number of

  3  judges and for increasing, decreasing or redefining appellate

  4  districts and judicial circuits.  If the supreme court finds

  5  that a need exists for increasing or decreasing the number of

  6  judges or increasing, decreasing or redefining appellate

  7  districts and judicial circuits, it shall, prior to the next

  8  regular session of the legislature, certify to the legislature

  9  its findings and recommendations concerning such need.  Upon

10  receipt of such certificate, the legislature, at the next

11  regular session, shall consider the findings and

12  recommendations and may reject the recommendations or by law

13  implement the recommendations in whole or in part; provided

14  the legislature may create more judicial offices than are

15  recommended by the supreme court or may decrease the number of

16  judicial offices by a greater number than recommended by the

17  court only upon a finding of two-thirds of the membership of

18  both houses of the legislature, that such a need exists.  A

19  decrease in the number of judges shall be effective only after

20  the expiration of a term.  If the supreme court fails to make

21  findings as provided above when need exists, the legislature

22  may by concurrent resolution request the court to certify its

23  findings and recommendations and upon the failure of the court

24  to certify its findings for nine consecutive months, the

25  legislature may, upon a finding of two-thirds of the

26  membership of both houses of the legislature that a need

27  exists, increase or decrease the number of judges or increase,

28  decrease or redefine appellate districts and judicial

29  circuits.

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

31  

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

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

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

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

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

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

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

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

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

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

11  qualified electors voting within the territorial jurisdiction

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

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

14  judge retained shall commence on the first Tuesday after the

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

16  majority of the qualified electors voting on the question of

17  retention within the territorial jurisdiction of the court

18  vote to not retain, a vacancy shall exist in that office upon

19  the expiration of the term being served by the justice or

20  judge.

21         (b)(1)  The election of circuit judges shall be

22  preserved notwithstanding the provisions of subsection (a)

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

24  circuit approves a local option to select circuit judges by

25  merit selection and retention rather than by election. The

26  election of circuit judges shall be by a vote of the qualified

27  electors within the territorial jurisdiction of the court.

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

29  preserved notwithstanding the provisions of subsection (a)

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

31  county approves a local option to select county judges by

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  1  merit selection and retention rather than by election. The

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

  3  qualified electors within the territorial jurisdiction of the

  4  court.

  5         (3)a.  A vote to exercise a local option to select

  6  circuit court judges and county court judges by merit

  7  selection and retention rather than by election shall be held

  8  in each circuit and county at the general election in the year

  9  2000. If a vote to exercise this local option fails in a vote

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

11  of the electors of that jurisdiction until the expiration of

12  at least two years.

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

14  local option for merit selection and retention or the election

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

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

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

18  in the last preceding election in which presidential electors

19  were chosen.

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

21  local option for merit selection and retention or the election

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

23  with the supervisor of elections a petition signed by the

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

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

26  presidential electors were chosen. The terms of circuit judges

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

28         SECTION 11.  Vacancies.--

29         (a)  Whenever a vacancy occurs in a judicial office to

30  which election for retention applies, the governor shall fill

31  the vacancy by appointing for a term ending on the first

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  1  Tuesday after the first Monday in January of the year

  2  following the next general election occurring at least one

  3  year after the date of appointment, one of not fewer than

  4  three persons nor more than six persons nominated by the

  5  appropriate judicial nominating commission.

  6         (b)  The governor shall fill each vacancy on a circuit

  7  court or on a county court, wherein the judges are elected by

  8  a majority vote of the electors, by appointing for a term

  9  ending on the first Tuesday after the first Monday in January

10  of the year following the next primary and general election

11  occurring at least one year after the date of appointment, one

12  of not fewer than three persons nor more than six persons

13  nominated by the appropriate judicial nominating commission.

14  An election shall be held to fill that judicial office for the

15  term of the office beginning at the end of the appointed term.

16         (c)  The nominations shall be made within thirty days

17  from the occurrence of a vacancy unless the period is extended

18  by the governor for a time not to exceed thirty days.  The

19  governor shall make the appointment within sixty days after

20  the nominations have been certified to the governor.

21         (d)  There shall be a separate judicial nominating

22  commission as provided by general law for the supreme court,

23  each district court of appeal, and each judicial circuit for

24  all trial courts within the circuit.  Uniform rules of

25  procedure shall be established by the judicial nominating

26  commissions at each level of the court system. Such rules, or

27  any part thereof, may be repealed by general law enacted by a

28  majority vote of the membership of each house of the

29  legislature, or by the supreme court, five justices

30  concurring. Except for deliberations of the judicial

31  

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  1  nominating commissions, The proceedings of the commissions and

  2  their records shall be open to the public.

  3         SECTION 12.  Discipline; removal and retirement.--

  4         (a)  JUDICIAL QUALIFICATIONS COMMISSION.--A judicial

  5  qualifications commission is created.

  6         (1)  There shall be a judicial qualifications

  7  commission vested with jurisdiction to investigate and

  8  recommend to the Supreme Court of Florida the removal from

  9  office of any justice or judge whose conduct, during term of

10  office or otherwise occurring on or after November 1, 1966,

11  (without regard to the effective date of this section)

12  demonstrates a present unfitness to hold office, and to

13  investigate and recommend the discipline of a justice or judge

14  whose conduct, during term of office or otherwise occurring on

15  or after November 1, 1966 (without regard to the effective

16  date of this section), warrants such discipline. For purposes

17  of this section, discipline is defined as any or all of the

18  following: reprimand, fine, suspension with or without pay, or

19  lawyer discipline. The commission shall have jurisdiction over

20  justices and judges regarding allegations that misconduct

21  occurred before or during service as a justice or judge if a

22  complaint is made no later than one year following service as

23  a justice or judge. The commission shall have jurisdiction

24  regarding allegations of incapacity during service as a

25  justice or judge.  The commission shall be composed of:

26         a.  Two judges of district courts of appeal selected by

27  the judges of those courts, two circuit judges selected by the

28  judges of the circuit courts and two judges of county courts

29  selected by the judges of those courts;

30  

31  

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  1         b.  Four electors who reside in the state, who are

  2  members of the bar of Florida, and who shall be chosen by the

  3  governing body of the bar of Florida; and

  4         c.  Five electors who reside in the state, who have

  5  never held judicial office or been members of the bar of

  6  Florida, and who shall be appointed by the governor.

  7         (2)  The members of the judicial qualifications

  8  commission shall serve staggered terms, not to exceed six

  9  years, as prescribed by general law.  No member of the

10  commission except a judge shall be eligible for state judicial

11  office while acting as a member of the commission and for a

12  period of two years thereafter.  No member of the commission

13  shall hold office in a political party or participate in any

14  campaign for judicial office or hold public office; provided

15  that a judge may campaign for judicial office and hold that

16  office.  The commission shall elect one of its members as its

17  chairperson.

18         (3)  Members of the judicial qualifications commission

19  not subject to impeachment shall be subject to removal from

20  the commission pursuant to the provisions of Article IV,

21  Section 7, Florida Constitution.

22         (4)  The commission shall adopt rules regulating its

23  proceedings, the filling of vacancies by the appointing

24  authorities, the disqualification of members, the rotation of

25  members between the panels, and the temporary replacement of

26  disqualified or incapacitated members.  The commission's

27  rules, or any part thereof, may be repealed by general law

28  enacted by a majority vote of the membership of each house of

29  the legislature, or by the supreme court, five justices

30  concurring. The commission shall have power to issue

31  subpoenas. Until formal charges against a justice or judge are

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  1  filed by the investigative panel with the clerk of the supreme

  2  court of Florida all proceedings by or before the commission

  3  shall be confidential; provided, however, upon a finding of

  4  probable cause and the filing by the investigative panel with

  5  said clerk of such formal charges against a justice or judge

  6  such charges and all further proceedings before the commission

  7  shall be public.

  8         (5)  The commission shall have access to all

  9  information from all executive, legislative and judicial

10  agencies, including grand juries, subject to the rules of the

11  commission.  At any time, on request of the speaker of the

12  house of representatives or the governor, the commission shall

13  make available all information in the possession of the

14  commission for use in consideration of impeachment or

15  suspension, respectively.

16         (b)  PANELS.--The commission shall be divided into an

17  investigative panel and a hearing panel as established by rule

18  of the commission. The investigative panel is vested with the

19  jurisdiction to receive or initiate complaints, conduct

20  investigations, dismiss complaints, and upon a vote of a

21  simple majority of the panel submit formal charges to the

22  hearing panel. The hearing panel is vested with the authority

23  to receive and hear formal charges from the investigative

24  panel and upon a two-thirds vote of the panel recommend to the

25  supreme court the removal of a justice or judge or the

26  involuntary retirement of a justice or judge for any permanent

27  disability that seriously interferes with the performance of

28  judicial duties. Upon a simple majority vote of the membership

29  of the hearing panel, the panel may recommend to the supreme

30  court that the justice or judge be subject to appropriate

31  discipline.

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  1         (c)  SUPREME COURT.--The supreme court shall receive

  2  recommendations from the judicial qualifications commission's

  3  hearing panel.

  4         (1)  The supreme court may accept, reject, or modify in

  5  whole or in part the findings, conclusions, and

  6  recommendations of the commission and it may order that the

  7  justice or judge be subjected to appropriate discipline, or be

  8  removed from office with termination of compensation for

  9  willful or persistent failure to perform judicial duties or

10  for other conduct unbecoming a member of the judiciary

11  demonstrating a present unfitness to hold office, or be

12  involuntarily retired for any permanent disability that

13  seriously interferes with the performance of judicial duties.

14  Malafides, scienter or moral turpitude on the part of a

15  justice or judge shall not be required for removal from office

16  of a justice or judge whose conduct demonstrates a present

17  unfitness to hold office.  After the filing of a formal

18  proceeding and upon request of the investigative panel, the

19  supreme court may suspend the justice or judge from office,

20  with or without compensation, pending final determination of

21  the inquiry.

22         (2)  The supreme court may award costs to the

23  prevailing party.

24         (d)  The power of removal conferred by this section

25  shall be both alternative and cumulative to the power of

26  impeachment.

27         (e)  Notwithstanding any of the foregoing provisions of

28  this section, if the person who is the subject of proceedings

29  by the judicial qualifications commission is a justice of the

30  supreme court of Florida all justices of such court

31  automatically shall be disqualified to sit as justices of such

                                  17

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  1  court with respect to all proceedings therein concerning such

  2  person and the supreme court for such purposes shall be

  3  composed of a panel consisting of the seven chief judges of

  4  the judicial circuits of the state of Florida most senior in

  5  tenure of judicial office as circuit judge. For purposes of

  6  determining seniority of such circuit judges in the event

  7  there be judges of equal tenure in judicial office as circuit

  8  judge the judge or judges from the lower numbered circuit or

  9  circuits shall be deemed senior. In the event any such chief

10  circuit judge is under investigation by the judicial

11  qualifications commission or is otherwise disqualified or

12  unable to serve on the panel, the next most senior chief

13  circuit judge or judges shall serve in place of such

14  disqualified or disabled chief circuit judge.

15         (f)  All other matters of procedure and organization of

16  the commission and any panels thereof, the selection of judges

17  to serve on the commission, and the power to recover costs of

18  an investigation shall be governed by rules adopted by the

19  supreme court SCHEDULE TO SECTION 12.--

20         (1)  Except to the extent inconsistent with the

21  provisions of this section, all provisions of law and rules of

22  court in force on the effective date of this article shall

23  continue in effect until superseded in the manner authorized

24  by the constitution.

25         (2)  After this section becomes effective and until

26  adopted by rule of the commission consistent with it:

27         a.  The commission shall be divided, as determined by

28  the chairperson, into one investigative panel and one hearing

29  panel to meet the responsibilities set forth in this section.

30         b.  The investigative panel shall be composed of:

31         1.  Four judges,

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  1         2.  Two members of the bar of Florida, and

  2         3.  Three non-lawyers.

  3         c.  The hearing panel shall be composed of:

  4         1.  Two judges,

  5         2.  Two members of the bar of Florida, and

  6         3.  Two non-lawyers.

  7         d.  Membership on the panels may rotate in a manner

  8  determined by the rules of the commission provided that no

  9  member shall vote as a member of the investigative and hearing

10  panel on the same proceeding.

11         e.  The commission shall hire separate staff for each

12  panel.

13         f.  The members of the commission shall serve for

14  staggered terms of six years.

15         g.  The terms of office of the present members of the

16  judicial qualifications commission shall expire upon the

17  effective date of the amendments to this section approved by

18  the legislature during the regular session of the legislature

19  in 1996 and new members shall be appointed to serve the

20  following staggered terms:

21         1.  Group I.--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. of

24  Article V, one judge from the district courts of appeal and

25  one circuit judge as set forth in s. 12(a)(1)a. of Article V,

26  shall expire on December 31, 1998.

27         2.  Group II.--The terms of five members, composed of

28  one elector as set forth in s. 12(a)(1)c. of Article V, two

29  members of the bar of Florida as set forth in s. 12(a)(1)b. of

30  Article V, one circuit judge and one county judge as set forth

31  

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  1  in s. 12(a)(1)a. of Article V shall expire on December 31,

  2  2000.

  3         3.  Group III.--The terms of five members, composed of

  4  two electors as set forth in s. 12(a)(1)c. of Article V, one

  5  member of the bar of Florida as set forth in s. 12(a)(1)b.,

  6  one judge from the district courts of appeal and one county

  7  judge as set forth in s. 12(a)(1)a. of Article V, shall expire

  8  on December 31, 2002.

  9         h.  An appointment to fill a vacancy of the commission

10  shall be for the remainder of the term.

11         i.  Selection of members by district courts of appeal

12  judges, circuit judges, and county court judges, shall be by

13  no less than a majority of the members voting at the

14  respective courts' conferences. Selection of members by the

15  board of governors of the bar of Florida shall be by no less

16  than a majority of the board.

17         j.  The commission shall be entitled to recover the

18  costs of investigation and prosecution, in addition to any

19  penalty levied by the supreme court.

20         k.  The compensation of members and referees shall not

21  exceed be the travel expenses or transportation and per diem

22  allowance as may be provided by general law.

23         SECTION 13.  Prohibited activities.--All justices and

24  judges shall devote full time to their judicial duties.  They

25  shall not engage in the practice of law or hold office in any

26  political party.

27         SECTION 14.  Judicial salaries.--All justices and

28  judges shall be compensated only by state salaries fixed by

29  general law. The judiciary shall have no power to fix

30  appropriations.

31         SECTION 14.  Funding.--

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  1         (a)  All justices and judges shall be compensated only

  2  by state salaries fixed by general law.  Funding for the state

  3  courts system, state attorneys' offices, public defenders'

  4  offices, and court-appointed counsel, except as otherwise

  5  provided in subsection (c), shall be provided from state

  6  revenues appropriated by general law.

  7         (b)  All funding for the offices of the clerks of the

  8  circuit and county courts performing court-related functions,

  9  except as otherwise provided in this subsection and subsection

10  (c), shall be provided by adequate and appropriate filing fees

11  for judicial proceedings and service charges and costs for

12  performing court-related functions as required by general law.

13  Selected salaries, costs, and expenses of the state courts

14  system may be funded from appropriate filing fees for judicial

15  proceedings and service charges and costs for performing

16  court-related functions, as provided by general law.  Where

17  the requirements of either the United States Constitution or

18  the Constitution of the State of Florida preclude the

19  imposition of filing fees for judicial proceedings and service

20  charges and costs for performing court-related functions

21  sufficient to fund the court-related functions of the offices

22  of the clerks of the circuit and county courts, the state

23  shall provide, as determined by the legislature, adequate and

24  appropriate supplemental funding from state revenues

25  appropriated by general law.

26         (c)  No county or municipality, except as provided in

27  this subsection, shall be required to provide any funding for

28  the state courts system, state attorneys' offices, public

29  defenders' offices, court-appointed counsel or the offices of

30  the clerks of the circuit and county courts performing

31  court-related functions. Counties shall be required to fund

                                  21

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  1  the cost of communications services, existing radio systems,

  2  existing multi-agency criminal justice information systems,

  3  and the cost of construction or lease, maintenance, utilities,

  4  and security of facilities for the trial courts, public

  5  defenders' offices, state attorneys' offices, and the offices

  6  of the clerks of the circuit and county courts performing

  7  court-related functions. Counties shall also pay reasonable

  8  and necessary salaries, costs, and expenses of the state

  9  courts system to meet local requirements as determined by

10  general law.

11         (d)  The judiciary shall have no power to fix

12  appropriations.

13         SECTION 15.  Attorneys; admission and discipline.--The

14  supreme court shall have exclusive jurisdiction to regulate

15  the admission of persons to the practice of law and the

16  discipline of persons admitted.

17         SECTION 16.  Clerks of the circuit courts.--There shall

18  be in each county a clerk of the circuit court who shall be

19  selected pursuant to the provisions of Article VIII section 1.

20  Notwithstanding any other provision of the constitution, the

21  duties of the clerk of the circuit court may be divided by

22  special or general law between two officers, one serving as

23  clerk of court and one serving as ex officio clerk of the

24  board of county commissioners, auditor, recorder, and

25  custodian of all county funds.  There may be a clerk of the

26  county court if authorized by general or special law.

27         SECTION 17.  State attorneys.--In each judicial circuit

28  a state attorney shall be elected for a term of four years.

29  Except as otherwise provided in this constitution, the state

30  attorney shall be the prosecuting officer of all trial courts

31  in that circuit and shall perform other duties prescribed by

                                  22

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  1  general law; provided, however, when authorized by general

  2  law, the violations of all municipal ordinances may be

  3  prosecuted by municipal prosecutors.  A state attorney shall

  4  be an elector of the state and reside in the territorial

  5  jurisdiction of the circuit; shall be and have been a member

  6  of the bar of Florida for the preceding five years; shall

  7  devote full time to the duties of the office; and shall not

  8  engage in the private practice of law.  State attorneys shall

  9  appoint such assistant state attorneys as may be authorized by

10  law.

11         SECTION 18.  Public defenders.--In each judicial

12  circuit a public defender shall be elected for a term of four

13  years, who shall perform duties prescribed by general law.  A

14  public defender shall be an elector of the state and reside in

15  the territorial jurisdiction of the circuit and shall be and

16  have been a member of the Bar of Florida for the preceding

17  five years.  Public defenders shall appoint such assistant

18  public defenders as may be authorized by law.

19         SECTION 19.  Judicial officers as conservators of the

20  peace.--All judicial officers in this state shall be

21  conservators of the peace.

22         SECTION 20.  Schedule to Article V.--

23         (a)  This article shall replace all of Article V of the

24  Constitution of 1885, as amended, which shall then stand

25  repealed.

26         (b)  Except to the extent inconsistent with the

27  provisions of this article, all provisions of law and rules of

28  court in force on the effective date of this article shall

29  continue in effect until superseded in the manner authorized

30  by the constitution.

31  

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  1         (c)  After this article becomes effective, and until

  2  changed by general law consistent with sections 1 through 19

  3  of this article:

  4         (1)  The supreme court shall have the jurisdiction

  5  immediately theretofore exercised by it, and it shall

  6  determine all proceedings pending before it on the effective

  7  date of this article.

  8         (2)  The appellate districts shall be those in

  9  existence on the date of adoption of this article.  There

10  shall be a district court of appeal in each district.  The

11  district courts of appeal shall have the jurisdiction

12  immediately theretofore exercised by the district courts of

13  appeal and shall determine all proceedings pending before them

14  on the effective date of this article.

15         (3)  Circuit courts shall have jurisdiction of appeals

16  from county courts and municipal courts, except those appeals

17  which may be taken directly to the supreme court; and they

18  shall have exclusive original jurisdiction in all actions at

19  law not cognizable by the county courts; of proceedings

20  relating to the settlement of the estate of decedents and

21  minors, the granting of letters testamentary, guardianship,

22  involuntary hospitalization, the determination of

23  incompetency, and other jurisdiction usually pertaining to

24  courts of probate; in all cases in equity including all cases

25  relating to juveniles; of all felonies and of all misdemeanors

26  arising out of the same circumstances as a felony which is

27  also charged; in all cases involving legality of any tax

28  assessment or toll; in the action of ejectment; and in all

29  actions involving the titles or boundaries or right of

30  possession of real property.  The circuit court may issue

31  injunctions.  There shall be judicial circuits which shall be

                                  24

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  1  the judicial circuits in existence on the date of adoption of

  2  this article.  The chief judge of a circuit may authorize a

  3  county court judge to order emergency hospitalizations

  4  pursuant to Chapter 71-131, Laws of Florida, in the absence

  5  from the county of the circuit judge and the county court

  6  judge shall have the power to issue all temporary orders and

  7  temporary injunctions necessary or proper to the complete

  8  exercise of such jurisdiction.

  9         (4)  County courts shall have original jurisdiction in

10  all criminal misdemeanor cases not cognizable by the circuit

11  courts, of all violations of municipal and county ordinances,

12  and of all actions at law in which the matter in controversy

13  does not exceed the sum of two thousand five hundred dollars

14  ($2,500.00) exclusive of interest and costs, except those

15  within the exclusive jurisdiction of the circuit courts.

16  Judges of county courts shall be committing magistrates.  The

17  county courts shall have jurisdiction now exercised by the

18  county judge's courts other than that vested in the circuit

19  court by subsection (c)(3) hereof, the jurisdiction now

20  exercised by the county courts, the claims court, the small

21  claims courts, the small claims magistrates courts,

22  magistrates courts, justice of the peace courts, municipal

23  courts and courts of chartered counties, including but not

24  limited to the counties referred to in Article VIII, sections

25  9, 10, 11 and 24 of the Constitution of 1885.

26         (5)  Each judicial nominating commission shall be

27  composed of the following:

28         a.  Three members appointed by the Board of Governors

29  of The Florida Bar from among The Florida Bar members who are

30  actively engaged in the practice of law with offices within

31  

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  1  the territorial jurisdiction of the affected court, district

  2  or circuit;

  3         b.  Three electors who reside in the territorial

  4  jurisdiction of the court or circuit appointed by the

  5  governor; and

  6         c.  Three electors who reside in the territorial

  7  jurisdiction of the court or circuit and who are not members

  8  of the bar of Florida, selected and appointed by a majority

  9  vote of the other six members of the commission.

10         (6)  No justice or judge shall be a member of a

11  judicial nominating commission.  A member of a judicial

12  nominating commission may hold public office other than

13  judicial office.  No member shall be eligible for appointment

14  to state judicial office so long as that person is a member of

15  a judicial nominating commission and for a period of two years

16  thereafter.  All acts of a judicial nominating commission

17  shall be made with a concurrence of a majority of its members.

18         (7)  The members of a judicial nominating commission

19  shall serve for a term of four years except the terms of the

20  initial members of the judicial nominating commissions shall

21  expire as follows:

22         a.  The terms of one member of category a. b. and c. in

23  subsection (c)(5) hereof shall expire on July 1, 1974;

24         b.  The terms of one member of category a. b. and c. in

25  subsection (c)(5) hereof shall expire on July 1, 1975;

26         c.  The terms of one member of category a. b. and c. in

27  subsection (c)(5) hereof shall expire on July 1, 1976;

28         (8)  All fines and forfeitures arising from offenses

29  tried in the county court shall be collected, and accounted

30  for by clerk of the court, and deposited in a special trust

31  account.  All fines and forfeitures received from violations

                                  26

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  1  of ordinances or misdemeanors committed within a county or

  2  municipal ordinances committed within a municipality within

  3  the territorial jurisdiction of the county court shall be paid

  4  monthly to the county or municipality respectively.  If any

  5  costs are assessed and collected in connection with offenses

  6  tried in county court, all court costs shall be paid into the

  7  general revenue fund of the state of Florida and such other

  8  funds as prescribed by general law.

  9         (9)  Any municipality or county may apply to the chief

10  judge of the circuit in which that municipality or county is

11  situated for the county court to sit in a location suitable to

12  the municipality or county and convenient in time and place to

13  its citizens and police officers and upon such application

14  said chief judge shall direct the court to sit in the location

15  unless the chief judge shall determine the request is not

16  justified. If the chief judge does not authorize the county

17  court to sit in the location requested, the county or

18  municipality may apply to the supreme court for an order

19  directing the county court to sit in the location.  Any

20  municipality or county which so applies shall be required to

21  provide the appropriate physical facilities in which the

22  county court may hold court.

23         (10)  All courts except the supreme court may sit in

24  divisions as may be established by local rule approved by the

25  supreme court.

26         (11)  A county court judge in any county having a

27  population of 40,000 or less according to the last decennial

28  census, shall not be required to be a member of the bar of

29  Florida.

30         (12)  Municipal prosecutors may prosecute violations of

31  municipal ordinances.

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  1         (13)  Justice shall mean a justice elected or appointed

  2  to the supreme court and shall not include any judge assigned

  3  from any court.

  4         (d)  When this article becomes effective:

  5         (1)  All courts not herein authorized, except as

  6  provided by subsection (d)(4) of this section shall cease to

  7  exist and jurisdiction to conclude all pending cases and

  8  enforce all prior orders and judgments shall vest in the court

  9  that would have jurisdiction of the cause if thereafter

10  instituted.  All records of and property held by courts

11  abolished hereby shall be transferred to the proper office of

12  the appropriate court under this article.

13         (2)  Judges of the following courts, if their terms do

14  not expire in 1973 and if they are eligible under subsection

15  (d)(8) hereof, shall become additional judges of the circuit

16  court for each of the counties of their respective circuits,

17  and shall serve as such circuit judges for the remainder of

18  the terms to which they were elected and shall be eligible for

19  election as circuit judges thereafter. These courts are: civil

20  court of record of Dade county, all criminal courts of record,

21  the felony courts of record of Alachua, Leon and Volusia

22  Counties, the courts of record of Broward, Brevard, Escambia,

23  Hillsborough, Lee, Manatee and Sarasota Counties, the civil

24  and criminal court of record of Pinellas County, and county

25  judge's courts and separate juvenile courts in counties having

26  a population in excess of 100,000 according to the 1970

27  federal census.  On the effective date of this article, there

28  shall be an additional number of positions of circuit judges

29  equal to the number of existing circuit judges and the number

30  of judges of the above named courts whose term expires in

31  1973.  Elections to such offices shall take place at the same

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  1  time and manner as elections to other state judicial offices

  2  in 1972 and the terms of such offices shall be for a term of

  3  six years.  Unless changed pursuant to section nine of this

  4  article, the number of circuit judges presently existing and

  5  created by this subsection shall not be changed.

  6         (3)  In all counties having a population of less than

  7  100,000 according to the 1970 federal census and having more

  8  than one county judge on the date of the adoption of this

  9  article, there shall be the same number of judges of the

10  county court as there are county judges existing on that date

11  unless changed pursuant to section 9 of this article.

12         (4)  Municipal courts shall continue with their same

13  jurisdiction until amended or terminated in a manner

14  prescribed by special or general law or ordinances, or until

15  January 3, 1977, whichever occurs first.  On that date all

16  municipal courts not previously abolished shall cease to

17  exist.  Judges of municipal courts shall remain in office and

18  be subject to reappointment or reelection in the manner

19  prescribed by law until said courts are terminated pursuant to

20  the provisions of this subsection.  Upon municipal courts

21  being terminated or abolished in accordance with the

22  provisions of this subsection, the judges thereof who are not

23  members of the bar of Florida, shall be eligible to seek

24  election as judges of county courts of their respective

25  counties.

26         (5)  Judges, holding elective office in all other

27  courts abolished by this article, whose terms do not expire in

28  1973 including judges established pursuant to Article VIII,

29  sections 9 and 11 of the Constitution of 1885 shall serve as

30  judges of the county court for the remainder of the term to

31  which they were elected.  Unless created pursuant to section

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  1  9, of this Article V such judicial office shall not continue

  2  to exist thereafter.

  3         (6)  By March 21, 1972, the supreme court shall certify

  4  the need for additional circuit and county judges.  The

  5  legislature in the 1972 regular session may by general law

  6  create additional offices of judge, the terms of which shall

  7  begin on the effective date of this article.  Elections to

  8  such offices shall take place at the same time and manner as

  9  election to other state judicial offices in 1972.

10         (7)  County judges of existing county judge's courts

11  and justices of the peace and magistrates' court who are not

12  members of bar of Florida shall be eligible to seek election

13  as county court judges of their respective counties.

14         (8)  No judge of a court abolished by this article

15  shall become or be eligible to become a judge of the circuit

16  court unless the judge has been a member of bar of Florida for

17  the preceding five years.

18         (9)  The office of judges of all other courts abolished

19  by this article shall be abolished as of the effective date of

20  this article.

21         (10)  The offices of county solicitor and prosecuting

22  attorney shall stand abolished, and all county solicitors and

23  prosecuting attorneys holding such offices upon the effective

24  date of this article shall become and serve as assistant state

25  attorneys for the circuits in which their counties are situate

26  for the remainder of their terms, with compensation not less

27  than that received immediately before the effective date of

28  this article.

29         (e)  LIMITED OPERATION OF SOME PROVISIONS.--

30         (1)  All justices of the supreme court, judges of the

31  district courts of appeal and circuit judges in office upon

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  1  the effective date of this article shall retain their offices

  2  for the remainder of their respective terms.  All members of

  3  the judicial qualifications commission in office upon the

  4  effective date of this article shall retain their offices for

  5  the remainder of their respective terms.  Each state attorney

  6  in office on the effective date of this article shall retain

  7  the office for the remainder of the term.

  8         (2)  No justice or judge holding office immediately

  9  after this article becomes effective who held judicial office

10  on July 1, 1957, shall be subject to retirement from judicial

11  office because of age pursuant to section 8 of this article.

12         (f)  Until otherwise provided by law, the nonjudicial

13  duties required of county judges shall be performed by the

14  judges of the county court.

15         (g)  All provisions of Article V of the Constitution of

16  1885, as amended, not embraced herein which are not

17  inconsistent with this revision shall become statutes subject

18  to modification or repeal as are other statutes.

19         (h)  The requirements of section 14 relative to all

20  county court judges or any judge of a municipal court who

21  continues to hold office pursuant to subsection (d)(4) hereof

22  being compensated by state salaries shall not apply prior to

23  January 3, 1977, unless otherwise provided by general law.

24         (i)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The

25  legislature shall have power, by concurrent resolution, to

26  delete from this article any subsection of this section 20

27  including this subsection, when all events to which the

28  subsection to be deleted is or could become applicable have

29  occurred.  A legislative determination of fact made as a basis

30  for application of this subsection shall be subject to

31  judicial review.

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  1         (j)  EFFECTIVE DATE.--Unless otherwise provided herein,

  2  this article shall become effective at 11:59 o'clock P.M.,

  3  Eastern Standard Time, January 1, 1973.

  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  

  9         Proposing a revision to Article V relating to the

10  Judiciary. The revision includes the following provisions:

11         1.  Limits the jurisdiction of the courts, including

12    the jurisdiction to issue most writs, to actual cases in

13    law, equity, admiralty, and maritime jurisdiction and to

14    actual controversies arising under the Constitution and

15    the laws of the State of Florida and the United States.

16         2.  Prohibits rules of the Supreme Court from being

17    inconsistent with statutes in place at the time of the

18    adoption of the rules, and provides that the rules must

19    be revised to conform to subsequently adopted statutes

20    that regulate substantive rights and that rules may be

21    repealed by general law adopted by a majority, rather

22    than 2/3, of each house of the Legislature.

23         3.  Provides that rules adopted by the court shall

24    neither abridge, enlarge, nor modify the substantive

25    rights of any litigant, but additional rulemaking power

26    may be delegated to courts by general law.

27         4.  Limits the District Courts of Appeal

28    jurisdiction to appeals and the Supreme Court

29    jurisdiction to appeals, advisory opinions authorized by

30    the constitution, writs of habeas corpus, and

31    prohibitions and adoption of rules, discipline, and

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    Florida House of Representatives - 2002                  HJR 1

    720-132-02






  1    review of questions certified by the Supreme Court of the

  2    United States or a United States Court of Appeal.

  3         5.  Provides that writs issued by the Supreme Court

  4    are subject to statutes of limitation and that in a

  5    criminal case the statute of limitation shall be no

  6    shorter than 2 years from the final judgement or mandate

  7    on direct appeal in a criminal case.

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