HB 1741

1
House Joint Resolution
2A joint resolution proposing an amendment to Section 2 of
3Article V of the State Constitution to remove authority of
4the Supreme Court to adopt rules of practice and procedure
5in all courts; to create the judicial conference; to
6empower the judicial conference to propose rules of
7practice and procedure in all courts; to empower the
8Legislature to adopt, amend, or reject rules proposed by
9the judicial conference by general law; and to empower the
10Legislature to amend or repeal rules of practice and
11procedure in all courts by general law.
12
13Be It Resolved by the Legislature of the State of Florida:
14
15     That the amendment to Section 2 of Article V of the State
16Constitution set forth below is agreed to and shall be submitted
17to the electors of Florida for approval or rejection at the
18general election to be held in November 2004:
19
ARTICLE V
20
JUDICIARY
21     SECTION 2.  Administration of courts; judicial conference;
22rules of practice and procedure.--
23     (a)  A judicial conference is created. The duty of the
24judicial conference is to propose rules of practice and
25procedure in all courts.
26     (1)  The judicial conference shall be composed of members
27in the manner as provided by general law.
28     (2)  The members of the judicial conference shall, by
29majority vote, choose their chair and adopt rules to govern
30their proceedings.
31     (3)  The clerk of the supreme court shall serve as clerk of
32the judicial conference.
33     (4)  Rules of practice and procedure proposed by the
34judicial conference shall be submitted to the legislature for
35consideration. The legislature may adopt, amend, or reject such
36rules by general law. Unless and until adopted by general law,
37rules proposed by the judicial conference shall be of no force
38or effect. If the legislature takes no action upon a proposed
39rule before the next general election, the proposed rule shall
40be deemed rejected.
41     (5)  Rules proposed by the judicial conference shall not be
42inconsistent with general law and shall not abridge, enlarge, or
43modify any substantive right.
44     (6)  Rules of practice and procedure may be repealed or
45amended by general law. The supreme court shall adopt rules for
46the practice and procedure in all courts including the time for
47seeking appellate review, the administrative supervision of all
48courts, the transfer to the court having jurisdiction of any
49proceeding when the jurisdiction of another court has been
50improvidently invoked, and a requirement that no cause shall be
51dismissed because an improper remedy has been sought. The
52supreme court shall adopt rules to allow the court and the
53district courts of appeal to submit questions relating to
54military law to the federal Court of Appeals for the Armed
55Forces for an advisory opinion. Rules of court may be repealed
56by general law enacted by two-thirds vote of the membership of
57each house of the legislature.
58     (b)  The chief justice of the supreme court shall be chosen
59by a majority of the members of the court; shall be the chief
60administrative officer of the judicial system; and shall have
61the power to assign justices or judges, including consenting
62retired justices or judges, to temporary duty in any court for
63which the judge is qualified and to delegate to a chief judge of
64a judicial circuit the power to assign judges for duty in that
65circuit.
66     (c)  A chief judge for each district court of appeal shall
67be chosen by a majority of the judges thereof or, if there is no
68majority, by the chief justice. The chief judge shall be
69responsible for the administrative supervision of the court.
70     (d)  A chief judge in each circuit shall be chosen from
71among the circuit judges as provided by supreme court rule. The
72chief judge shall be responsible for the administrative
73supervision of the circuit courts and county courts in his
74circuit.
75     BE IT FURTHER RESOLVED that the title and substance of the
76amendment proposed herein shall appear on the ballot as follows:
77
COURT RULES OF PRACTICE AND PROCEDURE
78     Proposes an amendment to Section 2 of Article V of the
79State Constitution to remove the Supreme Court's current
80authority to adopt rules of practice and procedure in all
81courts. The amendment creates a judicial conference empowered to
82propose rules of practice and procedure in all courts. The
83amendment provides that the judicial conference shall be
84composed of members in a manner provided by general law. The
85amendment requires the judicial conference to submit its rule
86proposals to the Legislature. The amendment empowers the
87Legislature to amend, adopt, reject, or repeal by general law
88rules of practice and procedure proposed by the judicial
89conference and to amend or repeal by general law existing rules
90of practice and procedure that were not proposed by the judicial
91conference. Under the amendment, rules proposed by the judicial
92conference will have no force or effect unless and until adopted
93by general law. If no action is taken by the Legislature to
94adopt the rule by the next general election, the rule proposal
95shall be deemed rejected. The amendment provides that rules
96proposed by the judicial conference shall not be inconsistent
97with general law and shall not abridge, enlarge, or modify any
98substantive right.


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