1 | House Joint Resolution |
2 | A joint resolution proposing an amendment to Section 2 of |
3 | Article V of the State Constitution relating to rules of |
4 | court procedure and practice. |
5 |
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6 | Be It Resolved by the Legislature of the State of Florida: |
7 |
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8 | That the following amendment to Section 2 of Article V of |
9 | the State Constitution is agreed to and shall be submitted to |
10 | the electors of this state for approval or rejection at the next |
11 | general election or at an earlier special election specifically |
12 | authorized by law for that purpose: |
13 | ARTICLE V |
14 | JUDICIARY |
15 | SECTION 2. Administration; practice and procedure.-- |
16 | (a)(1)a. Except as provided in subparagraph b., the |
17 | supreme court shall adopt rules for the practice and procedure |
18 | in all courts including the time for seeking appellate review, |
19 | the administrative supervision of all courts, the transfer to |
20 | the court having jurisdiction of any proceeding when the |
21 | jurisdiction of another court has been improvidently invoked, |
22 | and a requirement that no cause shall be dismissed because an |
23 | improper remedy has been sought. The supreme court shall adopt |
24 | rules to allow the court and the district courts of appeal to |
25 | submit questions relating to military law to the federal Court |
26 | of Appeals for the Armed Forces for an advisory opinion. |
27 | b.1. A judicial conference is created. The responsibility |
28 | of the judicial conference is to propose rules of practice and |
29 | procedure governing violations of criminal law, violations of |
30 | criminal law by juveniles, and postconviction proceedings. |
31 | 2. The judicial conference shall be composed of members in |
32 | the manner as provided by general law. |
33 | 3. The judicial conference shall adopt rules governing |
34 | conference proceedings. Meetings of the judicial conference |
35 | shall be open to the public and provide opportunity for comment. |
36 | 4. Rules proposed by the judicial conference shall be |
37 | submitted to the supreme court for consideration. |
38 | 5. Unless otherwise provided by general law, the supreme |
39 | court shall submit a proposed rule to the legislature by |
40 | November 30 of the year preceding the year in which the proposed |
41 | rule would take effect. The legislature may adopt, reject, or |
42 | amend a proposed rule by general law. If the legislature takes |
43 | no action upon a proposed rule by adjournment sine die of the |
44 | next regular session, the rule shall be deemed approved. Unless |
45 | and until adopted by general law or approved as provided in this |
46 | subsection, a rule proposed by the judicial conference shall |
47 | have no force or effect. |
48 | (2) Notwithstanding any other provision of the |
49 | constitution, a court may not require or authorize collateral or |
50 | postconviction judicial review of a criminal judgment or |
51 | sentence except as authorized by general law or rule of |
52 | postconviction procedure adopted or approved in accordance with |
53 | this subsection. |
54 | (3) Rules of practice and procedure may not be |
55 | inconsistent with general law and shall not abridge, enlarge, or |
56 | modify any substantive right. Rules of practice and procedure |
57 | may be repealed by general law. Rules of court may be repealed |
58 | by general law enacted by two-thirds vote of the membership of |
59 | each house of the legislature. |
60 | (b) The chief justice of the supreme court shall be chosen |
61 | by a majority of the members of the court; shall be the chief |
62 | administrative officer of the judicial system; and shall have |
63 | the power to assign justices or judges, including consenting |
64 | retired justices or judges, to temporary duty in any court for |
65 | which the judge is qualified and to delegate to a chief judge of |
66 | a judicial circuit the power to assign judges for duty in that |
67 | circuit. |
68 | (c) A chief judge for each district court of appeal shall |
69 | be chosen by a majority of the judges thereof or, if there is no |
70 | majority, by the chief justice. The chief judge shall be |
71 | responsible for the administrative supervision of the court. |
72 | (d) A chief judge in each circuit shall be chosen from |
73 | among the circuit judges as provided by supreme court rule. The |
74 | chief judge shall be responsible for the administrative |
75 | supervision of the circuit courts and county courts in his |
76 | circuit. |
77 | BE IT FURTHER RESOLVED that the following statement be |
78 | placed on the ballot: |
79 | CONSTITUTIONAL AMENDMENT |
80 | ARTICLE V, SECTION 2 |
81 | JUDICIAL CONFERENCE; RULES OF COURT PRACTICE AND |
82 | PROCEDURE.--Proposing an amendment to the State Constitution to |
83 | create a judicial conference to propose and implement rules of |
84 | court practice and procedure governing violations of criminal |
85 | law, violations of criminal law by juveniles, and postconviction |
86 | proceedings, subject to review by the Florida Supreme Court and |
87 | approval by the Legislature; to prohibit courts from requiring |
88 | or authorizing judicial review of criminal judgments or |
89 | sentences except as authorized by general law or court rule of |
90 | postconviction procedure approved by the Legislature; to require |
91 | rules of court practice and procedure to be consistent with |
92 | general law, protective of substantive rights, and repealable by |
93 | the Legislature; and to delete a requirement that legislative |
94 | repeal of rules of court be by extraordinary vote of each |
95 | legislative chamber. |