HJR 1479

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


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