Senate Bill sb2378
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Florida Senate - 2004 SJR 2378
By Senator Cowin
20-1471-04
1 Senate Joint Resolution No. ____
2 A joint resolution proposing an amendment to
3 Section 2 of Article V of the State
4 Constitution, relating to the judiciary, to
5 abolish the power of the Supreme Court to adopt
6 rules of practice and procedure for all courts;
7 create a judicial conference to propose such
8 rules; and empower the Legislature to accept,
9 amend, or reject proposed rules, and to repeal
10 or amend rules, by general law.
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12 Be It Resolved by the Legislature of the State of Florida:
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14 That the following amendment to Section 2 of Article V
15 of the State Constitution is agreed to and shall be submitted
16 to the electors of this state for approval or rejection at the
17 next general election or at an earlier special election
18 specifically authorized by law for that purpose:
19 ARTICLE V
20 JUDICIARY
21 SECTION 2. Administration; practice and procedure.--
22 (a) A judicial conference is created. The duty of the
23 judicial conference is to propose rules of practice and
24 procedure in all courts.
25 (1) The judicial conference shall be composed of
26 members selected in the manner provided by general law.
27 (2) The members of the judicial conference shall, by
28 majority vote, choose their chair and adopt rules to govern
29 their proceedings.
30 (3) The clerk of the supreme court shall serve as
31 clerk of the judicial conference.
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Florida Senate - 2004 SJR 2378
20-1471-04
1 (4) Rules of practice and procedure proposed by the
2 judicial conference shall be transmitted to the legislature
3 for consideration. The legislature may amend, adopt, or reject
4 such rules by general law. Unless and until adopted by general
5 law, rules proposed by the judicial conference shall be of no
6 force and effect. If the legislature takes no action upon a
7 proposed rule before the general election next following its
8 transmittal to the legislature, the proposed rule shall be
9 deemed rejected.
10 (5) Rules proposed by the judicial conference may not
11 be inconsistent with general law and may not abridge, enlarge,
12 or modify any substantive right.
13 (6) Rules of practice and procedure may be repealed or
14 amended by general law. The supreme court shall adopt rules
15 for the practice and procedure in all courts including the
16 time for seeking appellate review, the administrative
17 supervision of all courts, the transfer to the court having
18 jurisdiction of any proceeding when the jurisdiction of
19 another court has been improvidently invoked, and a
20 requirement that no cause shall be dismissed because an
21 improper remedy has been sought. The supreme court shall
22 adopt rules to allow the court and the district courts of
23 appeal to submit questions relating to military law to the
24 federal Court of Appeals for the Armed Forces for an advisory
25 opinion. Rules of court may be repealed by general law
26 enacted by two-thirds vote of the membership of each house of
27 the legislature.
28 (b) The chief justice of the supreme court shall be
29 chosen by a majority of the members of the court; shall be the
30 chief administrative officer of the judicial system; and shall
31 have the power to assign justices or judges, including
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Florida Senate - 2004 SJR 2378
20-1471-04
1 consenting retired justices or judges, to temporary duty in
2 any court for which the judge is qualified and to delegate to
3 a chief judge of a judicial circuit the power to assign judges
4 for duty in that circuit.
5 (c) A chief judge for each district court of appeal
6 shall be chosen by a majority of the judges thereof or, if
7 there is no majority, by the chief justice. The chief judge
8 shall be responsible for the administrative supervision of the
9 court.
10 (d) A chief judge in each circuit shall be chosen from
11 among the circuit judges as provided by supreme court rule.
12 The chief judge shall be responsible for the administrative
13 supervision of the circuit courts and county courts in his
14 circuit.
15 BE IT FURTHER RESOLVED that the following statement be
16 placed on the ballot:
17 CONSTITUTIONAL AMENDMENT
18 ARTICLE V, SECTION 2
19 JUDICIAL CONFERENCE.--Proposing an amendment to the
20 State Constitution to remove the Supreme Court's current
21 authority to adopt rules of practice and procedure in all
22 courts. The amendment creates a judicial conference empowered
23 to propose rules of practice and procedure in all courts. The
24 amendment provides that the judicial conference be composed of
25 members in a manner provided by general law. The amendment
26 requires the judicial conference to transmit its rule
27 proposals to the Legislature. The amendment empowers the
28 Legislature to amend, adopt, reject, or repeal rules of
29 practice and procedure by general law. Under the amendment,
30 rules proposed by the judicial conference will have no force
31 or effect unless and until adopted by general law. If no
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Florida Senate - 2004 SJR 2378
20-1471-04
1 action is taken by the Legislature to adopt a rule by the next
2 general election, the proposed rule is deemed rejected. The
3 amendment provides that rules proposed by the judicial
4 conference may not be inconsistent with general law and may
5 not abridge, enlarge, or modify any substantive right.
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