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.--
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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;
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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
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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
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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
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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
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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
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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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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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