Senate Bill sb1528
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Florida Senate - 2002 SJR 1528
By Senator Cowin
11-1512-02 See HJR 1
1 Senate Joint Resolution No. ____
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 following revision of Article V of the State
9 Constitution is agreed to and shall be submitted to the
10 electors of this state for approval or rejection at the next
11 general election or at an earlier special election
12 specifically authorized for that purpose:
13
14 ARTICLE V
15 JUDICIARY
16 SECTION 1. Courts.--
17 (a) The judicial power shall be vested in a supreme
18 court, district courts of appeal, circuit courts and county
19 courts. Subject to any additional limitations established in
20 this constitution, the jurisdiction of such courts shall
21 extend only to actual cases in law, equity, admiralty and
22 maritime jurisdiction, and to actual controversies arising
23 under the constitution and the laws of the State of Florida
24 and of the United States. No other courts may be established
25 by the state, any political subdivision or any municipality.
26 The legislature shall, by general law, divide the state into
27 appellate court districts and judicial circuits following
28 county lines, except that a district court of appeal may have
29 geographical jurisdiction up to and including the entire state
30 respecting any subject matter granted within such jurisdiction
31 exclusively to that court by general law. Commissions
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1 established by law, or administrative officers or bodies may
2 be granted quasi-judicial power in matters connected with the
3 functions of their offices. The legislature may establish by
4 general law a civil traffic hearing officer system for the
5 purpose of hearing civil traffic infractions. The legislature
6 may, by general law, authorize a military court-martial to be
7 conducted by military judges of the Florida National Guard,
8 with direct appeal of a decision to the District Court of
9 Appeal, First District.
10 (b) The power granted in this article to issue any
11 writ does not in and of itself grant a court jurisdiction over
12 a case or controversy. Some legal or equitable claim otherwise
13 cognizable by such court is required to establish the
14 jurisdictional basis for the issuance of a writ. The power to
15 issue a writ of quo warranto does not establish power to
16 review any right, power, or duty of a public official other
17 than the right to hold the particular office claimed by such
18 official, and the writ of quo warranto shall not be used for
19 any purpose except to test a person's authority to continue
20 holding an office when challenged by competing claimant to
21 such office. All writs except those directed to judicial
22 officers shall be subject to statutes of limitation as
23 provided by general law.
24 SECTION 2. Administration; practice and procedure.--
25 (a) The supreme court may shall adopt rules for the
26 practice and procedure in all courts including the time for
27 seeking appellate review, the administrative supervision of
28 all courts, the transfer to the court having jurisdiction of
29 any proceeding when the jurisdiction of another court has been
30 improvidently invoked, and a requirement that no cause shall
31 be dismissed because an improper remedy has been sought. The
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1 supreme court shall adopt rules to allow the court and the
2 district courts of appeal to submit questions relating to
3 military law to the federal Court of Appeals for the Armed
4 Forces for an advisory opinion. Rules of court may not be
5 inconsistent with statutes in place at the time of adoption of
6 such rules, shall be revised to conform to subsequently
7 adopted statutes that regulate substantive rights, and may be
8 repealed by general law enacted by two-thirds vote of the
9 membership of each house of the legislature. Rules adopted
10 pursuant to this section shall neither abridge, enlarge, nor
11 modify the substantive rights of any litigant, but additional
12 rulemaking power may be expressly delegated to courts by
13 general law.
14 (b) The chief justice of the supreme court shall be
15 chosen by a majority of the members of the court; shall be the
16 chief administrative officer of the courts established by this
17 constitution judicial system; and shall have the power to
18 assign justices or judges, including consenting retired
19 justices or judges, to temporary duty in any court for which
20 the judge is qualified and to delegate to a chief judge of a
21 judicial circuit the power to assign judges for duty in that
22 circuit.
23 (c) A chief judge for each district court of appeal
24 shall be chosen by a majority of the judges thereof or, if
25 there is no majority, by the chief justice. The chief judge
26 shall be responsible for the administrative supervision of the
27 court.
28 (d) A chief judge in each circuit shall be chosen from
29 among the circuit judges as provided by supreme court rule.
30 The chief judge shall be responsible for the administrative
31
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1 supervision of the circuit courts and county courts in his
2 circuit.
3 SECTION 3. Supreme court.--
4 (a) ORGANIZATION.--The supreme court shall consist of
5 seven justices. Of the seven justices, each appellate district
6 shall have at least one justice elected or appointed from the
7 district to the supreme court who is a resident of the
8 district at the time of the original appointment or election.
9 Five justices shall constitute a quorum. The concurrence of
10 four justices shall be necessary to a decision. When recusals
11 for cause would prohibit the court from convening because of
12 the requirements of this section, judges assigned to temporary
13 duty may be substituted for justices.
14 (b) JURISDICTION.--Subject to the limitations provided
15 in Section 1 of this Article, the supreme court:
16 (1) Shall hear appeals from final judgments of trial
17 courts imposing the death penalty and from decisions of
18 district courts of appeal declaring invalid a state statute or
19 a provision of the state constitution.
20 (2) When provided by general law, shall hear appeals
21 from final judgments entered in proceedings for the validation
22 of bonds or certificates of indebtedness and shall review
23 action of statewide agencies relating to rates or service of
24 utilities providing electric, gas, or telephone service.
25 (3) May review any decision of a district court of
26 appeal that expressly declares valid a state statute, or that
27 expressly construes a provision of the state or federal
28 constitution, or that expressly affects a class of
29 constitutional or state officers, or that expressly and
30 directly conflicts with a decision of another district court
31 of appeal or of the supreme court on the same question of law.
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1 (4) May review any decision of a district court of
2 appeal that passes upon a question certified by it to be of
3 great public importance, or that is certified by it to be in
4 direct conflict with a decision of another district court of
5 appeal.
6 (5) May review any order or judgment of a trial court
7 certified by the district court of appeal in which an appeal
8 is pending to be of great public importance, or to have a
9 great effect on the proper administration of justice
10 throughout the state, and certified to require immediate
11 resolution by the supreme court. When a case is certified as
12 requiring immediate resolution by the supreme court, the
13 district court's jurisdiction shall be retained unless and
14 until the supreme court issues an order accepting
15 jurisdiction.
16 (6) May review a question of law certified by the
17 Supreme Court of the United States or a United States Court of
18 Appeals which is determinative of the cause and for which
19 there is no controlling precedent of the supreme court of
20 Florida.
21 (7) May issue writs of prohibition to courts and all
22 writs necessary to the complete exercise of its jurisdiction,
23 provided that "all writs" does not grant jurisdiction in any
24 case or controversy not otherwise within the court's
25 jurisdiction under paragraphs (1) through (5) of this
26 subsection.
27 (8) May issue writs of mandamus and quo warranto to
28 state officers and state agencies in cases or controversies
29 otherwise properly before the court.
30 (9) May, or any justice may, issue writs of habeas
31 corpus returnable before the supreme court or any justice, a
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1 district court of appeal or any judge thereof, or any circuit
2 judge, provided that such writs are subject to statutes of
3 limitation of not shorter than two years from the final
4 judgment or mandate on direct appeal in a criminal case.
5 (10) Shall, when requested by the attorney general
6 pursuant to the provisions of Section 10 of Article IV, render
7 an advisory opinion of the justices, addressing issues as
8 provided by general law. This provision constitutes an
9 exception to the case and controversy limitation provided in
10 Section 1 of this Article and such opinion shall be binding
11 upon all citizens of this state.
12 (11) Shall, when requested by the governor pursuant to
13 the provisions of Article IV, Section 1(c), render an advisory
14 opinion of the justices as therein provided. This provision
15 constitutes an exception to the case and controversy
16 limitation provided in Section 1 of this Article; however,
17 such opinion shall not be binding upon any party not
18 voluntarily participating in such proceeding.
19 (12) Shall not have jurisdiction to hear original
20 proceedings unless instituted against or relating to a
21 judicial officer or officer of the court pursuant to paragraph
22 (7) of this subsection, or sections 12 and 15 of this article,
23 including claims ancillary to such case or controversy, or
24 unless instituted pursuant to paragraph (2), paragraph (6),
25 paragraph (9), paragraph (10) or paragraph (11) of this
26 subsection.
27 (c) CLERK AND MARSHAL.--The supreme court shall
28 appoint a clerk and a marshal who shall hold office during the
29 pleasure of the court and perform such duties as the court
30 directs. Their compensation shall be fixed by general law.
31 The marshal shall have the power to execute the process of the
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1 court throughout the state, and in any county may deputize the
2 sheriff or a deputy sheriff for such purpose.
3 SECTION 4. District courts of appeal.--
4 (a) ORGANIZATION.--There shall be a district court of
5 appeal serving each appellate district. Each district court
6 of appeal shall consist of at least three judges. Three judges
7 shall consider each case and the concurrence of two shall be
8 necessary to a decision.
9 (b) JURISDICTION.--
10 (1) Unless the subject matter of the case is assigned
11 by general law to another district court of appeal, and unless
12 otherwise limited by general law, district courts of appeal
13 shall have jurisdiction to hear appeals, that may be taken as
14 a matter of right, from final judgments or orders of trial
15 courts, including those entered on review of administrative
16 action, not directly appealable to the supreme court or a
17 circuit court. They may review interlocutory orders in such
18 cases to the extent provided by rules adopted by the supreme
19 court.
20 (2) District courts of appeal shall have the power of
21 direct review of administrative action, as prescribed by
22 general law.
23 (3) A district court of appeal or any judge thereof
24 may issue writs of habeas corpus returnable before the court
25 or any judge thereof or before any circuit judge within the
26 territorial jurisdiction of the court, provided that such
27 writs are subject to statutes of limitation of not shorter
28 than two years from the final judgment or mandate on direct
29 appeal in a criminal case. A district court of appeal may
30 issue writs of mandamus, certiorari, prohibition, quo
31 warranto, and other writs necessary to the complete exercise
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1 of its jurisdiction, provided that this sentence does not
2 grant jurisdiction in any case or controversy not otherwise
3 within the court's jurisdiction pursuant to paragraphs (1) and
4 (2) of this subsection. To the extent necessary to dispose of
5 all issues in a cause properly before it, a district court of
6 appeal may exercise any of the appellate jurisdiction of the
7 circuit courts.
8 (c) CLERKS AND MARSHALS.--Each district court of
9 appeal shall appoint a clerk and a marshal who shall hold
10 office during the pleasure of the court and perform such
11 duties as the court directs. Their compensation shall be
12 fixed by general law. The marshal shall have the power to
13 execute the process of the court throughout the territorial
14 jurisdiction of the court, and in any county may deputize the
15 sheriff or a deputy sheriff for such purpose.
16 SECTION 5. Circuit courts.--
17 (a) ORGANIZATION.--There shall be a circuit court
18 serving each judicial circuit.
19 (b) JURISDICTION.--The circuit courts shall have all
20 original jurisdiction not vested in the county courts, and
21 jurisdiction of appeals when provided by general law. They
22 shall have the power, subject to the restrictions set forth in
23 Section One of this Article, to issue writs of mandamus, quo
24 warranto, certiorari, prohibition and habeas corpus, and all
25 writs necessary or proper to the complete exercise of their
26 jurisdiction. Jurisdiction of the circuit court shall be
27 uniform throughout the state. They shall have the power of
28 direct review of administrative action prescribed by general
29 law.
30 SECTION 6. County courts.--
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1 (a) ORGANIZATION.--There shall be a county court in
2 each county. There shall be one or more judges for each
3 county court as prescribed by general law.
4 (b) JURISDICTION.--The county courts shall exercise
5 the jurisdiction prescribed by general law. Such jurisdiction
6 shall be uniform throughout the state.
7 SECTION 7. Specialized divisions.--All courts except
8 the supreme court may sit in divisions as may be established
9 by general law. A circuit or county court may hold civil and
10 criminal trials and hearings in any place within the
11 territorial jurisdiction of the court as designated by the
12 chief judge of the circuit.
13 SECTION 8. Eligibility.--No person shall be eligible
14 for office of justice or judge of any court unless the person
15 is an elector of the state and resides in the territorial
16 jurisdiction of the court. No justice or judge shall serve
17 after attaining the age of seventy years except upon temporary
18 assignment or to complete a term, one-half of which has been
19 served. No person is eligible for the office of justice of
20 the supreme court or judge of a district court of appeal
21 unless the person is, and has been for the preceding ten
22 years, a member of the bar of Florida. No person is eligible
23 for the office of circuit judge unless the person is, and has
24 been for the preceding five years, a member of the bar of
25 Florida. Unless otherwise provided by general law, no person
26 is eligible for the office of county court judge unless the
27 person is, and has been for the preceding five years, a member
28 of the bar of Florida. Unless otherwise provided by general
29 law, a person shall be eligible for election or appointment to
30 the office of county court judge in a county having a
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1 population of 40,000 or less if the person is a member in good
2 standing of the bar of Florida.
3 SECTION 9. Determination of number of judges.--The
4 supreme court shall establish by rule uniform criteria for the
5 determination of the need for additional judges except supreme
6 court justices, the necessity for decreasing the number of
7 judges and for increasing, decreasing or redefining appellate
8 districts and judicial circuits. If the supreme court finds
9 that a need exists for increasing or decreasing the number of
10 judges or increasing, decreasing or redefining appellate
11 districts and judicial circuits, it shall, prior to the next
12 regular session of the legislature, certify to the legislature
13 its findings and recommendations concerning such need. Upon
14 receipt of such certificate, the legislature, at the next
15 regular session, shall consider the findings and
16 recommendations and may reject the recommendations or by law
17 implement the recommendations in whole or in part; provided
18 the legislature may create more judicial offices than are
19 recommended by the supreme court or may decrease the number of
20 judicial offices by a greater number than recommended by the
21 court only upon a finding of two-thirds of the membership of
22 both houses of the legislature, that such a need exists. A
23 decrease in the number of judges shall be effective only after
24 the expiration of a term. If the supreme court fails to make
25 findings as provided above when need exists, the legislature
26 may by concurrent resolution request the court to certify its
27 findings and recommendations and upon the failure of the court
28 to certify its findings for nine consecutive months, the
29 legislature may, upon a finding of two-thirds of the
30 membership of both houses of the legislature that a need
31 exists, increase or decrease the number of judges or increase,
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1 decrease or redefine appellate districts and judicial
2 circuits.
3 SECTION 10. Retention; election and terms.--
4 (a) Any justice or judge may qualify for retention by
5 a vote of the electors in the general election next preceding
6 the expiration of the justice's or judge's term in the manner
7 prescribed by law. If a justice or judge is ineligible or
8 fails to qualify for retention, a vacancy shall exist in that
9 office upon the expiration of the term being served by the
10 justice or judge. When a justice or judge so qualifies, the
11 ballot shall read substantially as follows: "Shall Justice (or
12 Judge) ...(name of justice or judge)... of the ...(name of the
13 court)... be retained in office?" If a majority of the
14 qualified electors voting within the territorial jurisdiction
15 of the court vote to retain, the justice or judge shall be
16 retained for a term of six years. The term of the justice or
17 judge retained shall commence on the first Tuesday after the
18 first Monday in January following the general election. If a
19 majority of the qualified electors voting on the question of
20 retention within the territorial jurisdiction of the court
21 vote to not retain, a vacancy shall exist in that office upon
22 the expiration of the term being served by the justice or
23 judge.
24 (b)(1) The election of circuit judges shall be
25 preserved notwithstanding the provisions of subsection (a)
26 unless a majority of those voting in the jurisdiction of that
27 circuit approves a local option to select circuit judges by
28 merit selection and retention rather than by election. The
29 election of circuit judges shall be by a vote of the qualified
30 electors within the territorial jurisdiction of the court.
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1 (2) The election of county court judges shall be
2 preserved notwithstanding the provisions of subsection (a)
3 unless a majority of those voting in the jurisdiction of that
4 county approves a local option to select county judges by
5 merit selection and retention rather than by election. The
6 election of county court judges shall be by a vote of the
7 qualified electors within the territorial jurisdiction of the
8 court.
9 (3)a. A vote to exercise a local option to select
10 circuit court judges and county court judges by merit
11 selection and retention rather than by election shall be held
12 in each circuit and county at the general election in the year
13 2000. If a vote to exercise this local option fails in a vote
14 of the electors, such option shall not again be put to a vote
15 of the electors of that jurisdiction until the expiration of
16 at least two years.
17 b. After the year 2000, a circuit may initiate the
18 local option for merit selection and retention or the election
19 of circuit judges, whichever is applicable, by filing with the
20 secretary of state a petition signed by the number of electors
21 equal to at least ten percent of the votes cast in the circuit
22 in the last preceding election in which presidential electors
23 were chosen.
24 c. After the year 2000, a county may initiate the
25 local option for merit selection and retention or the election
26 of county court judges, whichever is applicable, by filing
27 with the supervisor of elections a petition signed by the
28 number of electors equal to at least ten percent of the votes
29 cast in the county in the last preceding election in which
30 presidential electors were chosen. The terms of circuit judges
31 and judges of county courts shall be for six years.
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1 SECTION 11. Vacancies.--
2 (a) Whenever a vacancy occurs in a judicial office to
3 which election for retention applies, the governor shall fill
4 the vacancy by appointing for a term ending on the first
5 Tuesday after the first Monday in January of the year
6 following the next general election occurring at least one
7 year after the date of appointment, one of not fewer than
8 three persons nor more than six persons nominated by the
9 appropriate judicial nominating commission.
10 (b) The governor shall fill each vacancy on a circuit
11 court or on a county court, wherein the judges are elected by
12 a majority vote of the electors, by appointing for a term
13 ending on the first Tuesday after the first Monday in January
14 of the year following the next primary and general election
15 occurring at least one year after the date of appointment, one
16 of not fewer than three persons nor more than six persons
17 nominated by the appropriate judicial nominating commission.
18 An election shall be held to fill that judicial office for the
19 term of the office beginning at the end of the appointed term.
20 (c) The nominations shall be made within thirty days
21 from the occurrence of a vacancy unless the period is extended
22 by the governor for a time not to exceed thirty days. The
23 governor shall make the appointment within sixty days after
24 the nominations have been certified to the governor.
25 (d) There shall be a separate judicial nominating
26 commission as provided by general law for the supreme court,
27 each district court of appeal, and each judicial circuit for
28 all trial courts within the circuit. Uniform rules of
29 procedure shall be established by the judicial nominating
30 commissions at each level of the court system. Such rules, or
31 any part thereof, may be repealed by general law enacted by a
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1 majority vote of the membership of each house of the
2 legislature, or by the supreme court, five justices
3 concurring. Except for deliberations of the judicial
4 nominating commissions, The proceedings of the commissions and
5 their records shall be open to the public.
6 SECTION 12. Discipline; removal and retirement.--
7 (a) JUDICIAL QUALIFICATIONS COMMISSION.--A judicial
8 qualifications commission is created.
9 (1) There shall be a judicial qualifications
10 commission vested with jurisdiction to investigate and
11 recommend to the Supreme Court of Florida the removal from
12 office of any justice or judge whose conduct, during term of
13 office or otherwise occurring on or after November 1, 1966,
14 (without regard to the effective date of this section)
15 demonstrates a present unfitness to hold office, and to
16 investigate and recommend the discipline of a justice or judge
17 whose conduct, during term of office or otherwise occurring on
18 or after November 1, 1966 (without regard to the effective
19 date of this section), warrants such discipline. For purposes
20 of this section, discipline is defined as any or all of the
21 following: reprimand, fine, suspension with or without pay, or
22 lawyer discipline. The commission shall have jurisdiction over
23 justices and judges regarding allegations that misconduct
24 occurred before or during service as a justice or judge if a
25 complaint is made no later than one year following service as
26 a justice or judge. The commission shall have jurisdiction
27 regarding allegations of incapacity during service as a
28 justice or judge. The commission shall be composed of:
29 a. Two judges of district courts of appeal selected by
30 the judges of those courts, two circuit judges selected by the
31
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1 judges of the circuit courts and two judges of county courts
2 selected by the judges of those courts;
3 b. Four electors who reside in the state, who are
4 members of the bar of Florida, and who shall be chosen by the
5 governing body of the bar of Florida; and
6 c. Five electors who reside in the state, who have
7 never held judicial office or been members of the bar of
8 Florida, and who shall be appointed by the governor.
9 (2) The members of the judicial qualifications
10 commission shall serve staggered terms, not to exceed six
11 years, as prescribed by general law. No member of the
12 commission except a judge shall be eligible for state judicial
13 office while acting as a member of the commission and for a
14 period of two years thereafter. No member of the commission
15 shall hold office in a political party or participate in any
16 campaign for judicial office or hold public office; provided
17 that a judge may campaign for judicial office and hold that
18 office. The commission shall elect one of its members as its
19 chairperson.
20 (3) Members of the judicial qualifications commission
21 not subject to impeachment shall be subject to removal from
22 the commission pursuant to the provisions of Article IV,
23 Section 7, Florida Constitution.
24 (4) The commission shall adopt rules regulating its
25 proceedings, the filling of vacancies by the appointing
26 authorities, the disqualification of members, the rotation of
27 members between the panels, and the temporary replacement of
28 disqualified or incapacitated members. The commission's
29 rules, or any part thereof, may be repealed by general law
30 enacted by a majority vote of the membership of each house of
31 the legislature, or by the supreme court, five justices
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1 concurring. The commission shall have power to issue
2 subpoenas. Until formal charges against a justice or judge are
3 filed by the investigative panel with the clerk of the supreme
4 court of Florida all proceedings by or before the commission
5 shall be confidential; provided, however, upon a finding of
6 probable cause and the filing by the investigative panel with
7 said clerk of such formal charges against a justice or judge
8 such charges and all further proceedings before the commission
9 shall be public.
10 (5) The commission shall have access to all
11 information from all executive, legislative and judicial
12 agencies, including grand juries, subject to the rules of the
13 commission. At any time, on request of the speaker of the
14 house of representatives or the governor, the commission shall
15 make available all information in the possession of the
16 commission for use in consideration of impeachment or
17 suspension, respectively.
18 (b) PANELS.--The commission shall be divided into an
19 investigative panel and a hearing panel as established by rule
20 of the commission. The investigative panel is vested with the
21 jurisdiction to receive or initiate complaints, conduct
22 investigations, dismiss complaints, and upon a vote of a
23 simple majority of the panel submit formal charges to the
24 hearing panel. The hearing panel is vested with the authority
25 to receive and hear formal charges from the investigative
26 panel and upon a two-thirds vote of the panel recommend to the
27 supreme court the removal of a justice or judge or the
28 involuntary retirement of a justice or judge for any permanent
29 disability that seriously interferes with the performance of
30 judicial duties. Upon a simple majority vote of the membership
31 of the hearing panel, the panel may recommend to the supreme
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1 court that the justice or judge be subject to appropriate
2 discipline.
3 (c) SUPREME COURT.--The supreme court shall receive
4 recommendations from the judicial qualifications commission's
5 hearing panel.
6 (1) The supreme court may accept, reject, or modify in
7 whole or in part the findings, conclusions, and
8 recommendations of the commission and it may order that the
9 justice or judge be subjected to appropriate discipline, or be
10 removed from office with termination of compensation for
11 willful or persistent failure to perform judicial duties or
12 for other conduct unbecoming a member of the judiciary
13 demonstrating a present unfitness to hold office, or be
14 involuntarily retired for any permanent disability that
15 seriously interferes with the performance of judicial duties.
16 Malafides, scienter or moral turpitude on the part of a
17 justice or judge shall not be required for removal from office
18 of a justice or judge whose conduct demonstrates a present
19 unfitness to hold office. After the filing of a formal
20 proceeding and upon request of the investigative panel, the
21 supreme court may suspend the justice or judge from office,
22 with or without compensation, pending final determination of
23 the inquiry.
24 (2) The supreme court may award costs to the
25 prevailing party.
26 (d) The power of removal conferred by this section
27 shall be both alternative and cumulative to the power of
28 impeachment.
29 (e) Notwithstanding any of the foregoing provisions of
30 this section, if the person who is the subject of proceedings
31 by the judicial qualifications commission is a justice of the
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1 supreme court of Florida all justices of such court
2 automatically shall be disqualified to sit as justices of such
3 court with respect to all proceedings therein concerning such
4 person and the supreme court for such purposes shall be
5 composed of a panel consisting of the seven chief judges of
6 the judicial circuits of the state of Florida most senior in
7 tenure of judicial office as circuit judge. For purposes of
8 determining seniority of such circuit judges in the event
9 there be judges of equal tenure in judicial office as circuit
10 judge the judge or judges from the lower numbered circuit or
11 circuits shall be deemed senior. In the event any such chief
12 circuit judge is under investigation by the judicial
13 qualifications commission or is otherwise disqualified or
14 unable to serve on the panel, the next most senior chief
15 circuit judge or judges shall serve in place of such
16 disqualified or disabled chief circuit judge.
17 (f) All other matters of procedure and organization of
18 the commission and any panels thereof, the selection of judges
19 to serve on the commission, and the power to recover costs of
20 an investigation shall be governed by rules adopted by the
21 supreme court SCHEDULE TO SECTION 12.--
22 (1) Except to the extent inconsistent with the
23 provisions of this section, all provisions of law and rules of
24 court in force on the effective date of this article shall
25 continue in effect until superseded in the manner authorized
26 by the constitution.
27 (2) After this section becomes effective and until
28 adopted by rule of the commission consistent with it:
29 a. The commission shall be divided, as determined by
30 the chairperson, into one investigative panel and one hearing
31 panel to meet the responsibilities set forth in this section.
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1 b. The investigative panel shall be composed of:
2 1. Four judges,
3 2. Two members of the bar of Florida, and
4 3. Three non-lawyers.
5 c. The hearing panel shall be composed of:
6 1. Two judges,
7 2. Two members of the bar of Florida, and
8 3. Two non-lawyers.
9 d. Membership on the panels may rotate in a manner
10 determined by the rules of the commission provided that no
11 member shall vote as a member of the investigative and hearing
12 panel on the same proceeding.
13 e. The commission shall hire separate staff for each
14 panel.
15 f. The members of the commission shall serve for
16 staggered terms of six years.
17 g. The terms of office of the present members of the
18 judicial qualifications commission shall expire upon the
19 effective date of the amendments to this section approved by
20 the legislature during the regular session of the legislature
21 in 1996 and new members shall be appointed to serve the
22 following staggered terms:
23 1. Group I.--The terms of five members, composed of
24 two electors as set forth in s. 12(a)(1)c. of Article V, one
25 member of the bar of Florida as set forth in s. 12(a)(1)b. of
26 Article V, one judge from the district courts of appeal and
27 one circuit judge as set forth in s. 12(a)(1)a. of Article V,
28 shall expire on December 31, 1998.
29 2. Group II.--The terms of five members, composed of
30 one elector as set forth in s. 12(a)(1)c. of Article V, two
31 members of the bar of Florida as set forth in s. 12(a)(1)b. of
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1 Article V, one circuit judge and one county judge as set forth
2 in s. 12(a)(1)a. of Article V shall expire on December 31,
3 2000.
4 3. Group III.--The terms of five members, composed of
5 two electors as set forth in s. 12(a)(1)c. of Article V, one
6 member of the bar of Florida as set forth in s. 12(a)(1)b.,
7 one judge from the district courts of appeal and one county
8 judge as set forth in s. 12(a)(1)a. of Article V, shall expire
9 on December 31, 2002.
10 h. An appointment to fill a vacancy of the commission
11 shall be for the remainder of the term.
12 i. Selection of members by district courts of appeal
13 judges, circuit judges, and county court judges, shall be by
14 no less than a majority of the members voting at the
15 respective courts' conferences. Selection of members by the
16 board of governors of the bar of Florida shall be by no less
17 than a majority of the board.
18 j. The commission shall be entitled to recover the
19 costs of investigation and prosecution, in addition to any
20 penalty levied by the supreme court.
21 k. The compensation of members and referees shall not
22 exceed be the travel expenses or transportation and per diem
23 allowance as may be provided by general law.
24 SECTION 13. Prohibited activities.--All justices and
25 judges shall devote full time to their judicial duties. They
26 shall not engage in the practice of law or hold office in any
27 political party.
28 SECTION 14. Funding.--
29 (a) All justices and judges shall be compensated only
30 by state salaries fixed by general law. Effective July 1,
31 2004, funding for the state courts system, state attorneys'
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1 offices, public defenders' offices, and court-appointed
2 counsel, except as otherwise provided in subsection (c), shall
3 be provided from state revenues appropriated by general law.
4 (b) All funding for the offices of the clerks of the
5 circuit and county courts performing court-related functions,
6 except as otherwise provided in this subsection and subsection
7 (c), shall be provided by adequate and appropriate filing fees
8 for judicial proceedings and service charges and costs for
9 performing court-related functions as required by general law.
10 Selected salaries, costs, and expenses of the state courts
11 system may be funded from appropriate filing fees for judicial
12 proceedings and service charges and costs for performing
13 court-related functions, as provided by general law. Where
14 the requirements of either the United States Constitution or
15 the Constitution of the State of Florida preclude the
16 imposition of filing fees for judicial proceedings and service
17 charges and costs for performing court-related functions
18 sufficient to fund the court-related functions of the offices
19 of the clerks of the circuit and county courts, the state
20 shall provide, as determined by the legislature, adequate and
21 appropriate supplemental funding from state revenues
22 appropriated by general law.
23 (c) No county or municipality, except as provided in
24 this subsection, shall be required to provide any funding for
25 the state courts system, state attorneys' offices, public
26 defenders' offices, court-appointed counsel or the offices of
27 the clerks of the circuit and county courts performing
28 court-related functions. Counties shall be required to fund
29 the cost of communications services, existing radio systems,
30 existing multi-agency criminal justice information systems,
31 and the cost of construction or lease, maintenance, utilities,
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1 and security of facilities for the trial courts, public
2 defenders' offices, state attorneys' offices, and the offices
3 of the clerks of the circuit and county courts performing
4 court-related functions. Counties shall also pay reasonable
5 and necessary salaries, costs, and expenses of the state
6 courts system to meet local requirements as determined by
7 general law.
8 (d) Subsections (a) and (b) take effect July 1, 2004.
9 (e)(d) The judiciary shall have no power to fix
10 appropriations.
11 SECTION 15. Attorneys; admission and discipline.--The
12 supreme court shall have exclusive jurisdiction to regulate
13 the admission of persons to the practice of law and the
14 discipline of persons admitted.
15 SECTION 16. Clerks of the circuit courts.--There shall
16 be in each county a clerk of the circuit court who shall be
17 selected pursuant to the provisions of Article VIII section 1.
18 Notwithstanding any other provision of the constitution, the
19 duties of the clerk of the circuit court may be divided by
20 special or general law between two officers, one serving as
21 clerk of court and one serving as ex officio clerk of the
22 board of county commissioners, auditor, recorder, and
23 custodian of all county funds. There may be a clerk of the
24 county court if authorized by general or special law.
25 SECTION 17. State attorneys.--In each judicial circuit
26 a state attorney shall be elected for a term of four years.
27 Except as otherwise provided in this constitution, the state
28 attorney shall be the prosecuting officer of all trial courts
29 in that circuit and shall perform other duties prescribed by
30 general law; provided, however, when authorized by general
31 law, the violations of all municipal ordinances may be
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1 prosecuted by municipal prosecutors. A state attorney shall
2 be an elector of the state and reside in the territorial
3 jurisdiction of the circuit; shall be and have been a member
4 of the bar of Florida for the preceding five years; shall
5 devote full time to the duties of the office; and shall not
6 engage in the private practice of law. State attorneys shall
7 appoint such assistant state attorneys as may be authorized by
8 law.
9 SECTION 18. Public defenders.--In each judicial
10 circuit a public defender shall be elected for a term of four
11 years, who shall perform duties prescribed by general law. A
12 public defender shall be an elector of the state and reside in
13 the territorial jurisdiction of the circuit and shall be and
14 have been a member of the Bar of Florida for the preceding
15 five years. Public defenders shall appoint such assistant
16 public defenders as may be authorized by law.
17 SECTION 19. Judicial officers as conservators of the
18 peace.--All judicial officers in this state shall be
19 conservators of the peace.
20 SECTION 20. Schedule to Article V.--
21 (a) This article shall replace all of Article V of the
22 Constitution of 1885, as amended, which shall then stand
23 repealed.
24 (b) Except to the extent inconsistent with the
25 provisions of this article, all provisions of law and rules of
26 court in force on the effective date of this article shall
27 continue in effect until superseded in the manner authorized
28 by the constitution.
29 (c) After this article becomes effective, and until
30 changed by general law consistent with sections 1 through 19
31 of this article:
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1 (1) The supreme court shall have the jurisdiction
2 immediately theretofore exercised by it, and it shall
3 determine all proceedings pending before it on the effective
4 date of this article.
5 (2) The appellate districts shall be those in
6 existence on the date of adoption of this article. There
7 shall be a district court of appeal in each district. The
8 district courts of appeal shall have the jurisdiction
9 immediately theretofore exercised by the district courts of
10 appeal and shall determine all proceedings pending before them
11 on the effective date of this article.
12 (3) Circuit courts shall have jurisdiction of appeals
13 from county courts and municipal courts, except those appeals
14 which may be taken directly to the supreme court; and they
15 shall have exclusive original jurisdiction in all actions at
16 law not cognizable by the county courts; of proceedings
17 relating to the settlement of the estate of decedents and
18 minors, the granting of letters testamentary, guardianship,
19 involuntary hospitalization, the determination of
20 incompetency, and other jurisdiction usually pertaining to
21 courts of probate; in all cases in equity including all cases
22 relating to juveniles; of all felonies and of all misdemeanors
23 arising out of the same circumstances as a felony which is
24 also charged; in all cases involving legality of any tax
25 assessment or toll; in the action of ejectment; and in all
26 actions involving the titles or boundaries or right of
27 possession of real property. The circuit court may issue
28 injunctions. There shall be judicial circuits which shall be
29 the judicial circuits in existence on the date of adoption of
30 this article. The chief judge of a circuit may authorize a
31 county court judge to order emergency hospitalizations
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1 pursuant to Chapter 71-131, Laws of Florida, in the absence
2 from the county of the circuit judge and the county court
3 judge shall have the power to issue all temporary orders and
4 temporary injunctions necessary or proper to the complete
5 exercise of such jurisdiction.
6 (4) County courts shall have original jurisdiction in
7 all criminal misdemeanor cases not cognizable by the circuit
8 courts, of all violations of municipal and county ordinances,
9 and of all actions at law in which the matter in controversy
10 does not exceed the sum of two thousand five hundred dollars
11 ($2,500.00) exclusive of interest and costs, except those
12 within the exclusive jurisdiction of the circuit courts.
13 Judges of county courts shall be committing magistrates. The
14 county courts shall have jurisdiction now exercised by the
15 county judge's courts other than that vested in the circuit
16 court by subsection (c)(3) hereof, the jurisdiction now
17 exercised by the county courts, the claims court, the small
18 claims courts, the small claims magistrates courts,
19 magistrates courts, justice of the peace courts, municipal
20 courts and courts of chartered counties, including but not
21 limited to the counties referred to in Article VIII, sections
22 9, 10, 11 and 24 of the Constitution of 1885.
23 (5) Each judicial nominating commission shall be
24 composed of the following:
25 a. Three members appointed by the Board of Governors
26 of The Florida Bar from among The Florida Bar members who are
27 actively engaged in the practice of law with offices within
28 the territorial jurisdiction of the affected court, district
29 or circuit;
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1 b. Three electors who reside in the territorial
2 jurisdiction of the court or circuit appointed by the
3 governor; and
4 c. Three electors who reside in the territorial
5 jurisdiction of the court or circuit and who are not members
6 of the bar of Florida, selected and appointed by a majority
7 vote of the other six members of the commission.
8 (6) No justice or judge shall be a member of a
9 judicial nominating commission. A member of a judicial
10 nominating commission may hold public office other than
11 judicial office. No member shall be eligible for appointment
12 to state judicial office so long as that person is a member of
13 a judicial nominating commission and for a period of two years
14 thereafter. All acts of a judicial nominating commission
15 shall be made with a concurrence of a majority of its members.
16 (7) The members of a judicial nominating commission
17 shall serve for a term of four years except the terms of the
18 initial members of the judicial nominating commissions shall
19 expire as follows:
20 a. The terms of one member of category a. b. and c. in
21 subsection (c)(5) hereof shall expire on July 1, 1974;
22 b. The terms of one member of category a. b. and c. in
23 subsection (c)(5) hereof shall expire on July 1, 1975;
24 c. The terms of one member of category a. b. and c. in
25 subsection (c)(5) hereof shall expire on July 1, 1976;
26 (8) All fines and forfeitures arising from offenses
27 tried in the county court shall be collected, and accounted
28 for by clerk of the court, and deposited in a special trust
29 account. All fines and forfeitures received from violations
30 of ordinances or misdemeanors committed within a county or
31 municipal ordinances committed within a municipality within
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1 the territorial jurisdiction of the county court shall be paid
2 monthly to the county or municipality respectively. If any
3 costs are assessed and collected in connection with offenses
4 tried in county court, all court costs shall be paid into the
5 general revenue fund of the state of Florida and such other
6 funds as prescribed by general law.
7 (9) Any municipality or county may apply to the chief
8 judge of the circuit in which that municipality or county is
9 situated for the county court to sit in a location suitable to
10 the municipality or county and convenient in time and place to
11 its citizens and police officers and upon such application
12 said chief judge shall direct the court to sit in the location
13 unless the chief judge shall determine the request is not
14 justified. If the chief judge does not authorize the county
15 court to sit in the location requested, the county or
16 municipality may apply to the supreme court for an order
17 directing the county court to sit in the location. Any
18 municipality or county which so applies shall be required to
19 provide the appropriate physical facilities in which the
20 county court may hold court.
21 (10) All courts except the supreme court may sit in
22 divisions as may be established by local rule approved by the
23 supreme court.
24 (11) A county court judge in any county having a
25 population of 40,000 or less according to the last decennial
26 census, shall not be required to be a member of the bar of
27 Florida.
28 (12) Municipal prosecutors may prosecute violations of
29 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 the following statement be
5 placed on the ballot:
6
7 CONSTITUTIONAL REVISION
8 ARTICLE V
9 ARTICLE V REVISION.--Proposing a revision to Article V
10 of the State Constitution, relating to the judiciary, to:
11 1. Limit 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. Prohibit rules of the Supreme Court from being
17 inconsistent with statutes in place at the time of the
18 adoption of the rules, and provide that the rules must be
19 revised to conform to subsequently adopted statutes that
20 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. Provide 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. Limit the District Courts of Appeal jurisdiction
28 to appeals and the Supreme Court jurisdiction to appeals,
29 advisory opinions authorized by the constitution, writs
30 of habeas corpus, and prohibitions and adoption of rules,
31 discipline, and review of questions certified by the
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1 Supreme Court of the United States or a United States
2 Court of Appeal.
3 5. Provide 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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