Senate Bill sb2742

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    Florida Senate - 2007                                 SJR 2742

    By Senator Argenziano





    3-1720-07

  1                     Senate Joint Resolution

  2         A joint resolution proposing an amendment to

  3         Section 2 of Article V of the State

  4         Constitution relating to rules of court

  5         procedure and practice.

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  7  Be It Resolved by the Legislature of the State of Florida:

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  9         That the following amendment to Section 2 of Article V

10  of the State Constitution is agreed to and shall be submitted

11  to the electors of this state for approval or rejection at the

12  next general election or at an earlier special election

13  specifically authorized by law for that purpose.

14                            ARTICLE V

15                            JUDICIARY

16         SECTION 2.  Administration; practice and procedure.--

17         (a)(1)a.  Except as provided in subparagraph b., the

18  supreme court shall adopt rules for the practice and procedure

19  in all courts including the time for seeking appellate review,

20  the administrative supervision of all courts, the transfer to

21  the court having jurisdiction of any proceeding when the

22  jurisdiction of another court has been improvidently invoked,

23  and a requirement that no cause shall be dismissed because an

24  improper remedy has been sought.  The supreme court shall

25  adopt rules to allow the court and the district courts of

26  appeal to submit questions relating to military law to the

27  federal Court of Appeals for the Armed Forces for an advisory

28  opinion.

29         b.1.  A judicial conference is created. The

30  responsibility of the judicial conference is to propose rules

31  of practice and procedure governing violations of criminal

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    Florida Senate - 2007                                 SJR 2742
    3-1720-07




 1  law, violations of criminal law by juveniles, and

 2  postconviction proceedings.

 3         2.  The judicial conference shall be composed of

 4  members in the manner provided by general law.

 5         3.  The judicial conference shall adopt rules governing

 6  conference proceedings. Meetings of the judicial conference

 7  shall be open to the public and provide opportunity for

 8  comment.

 9         4.  Rules proposed by the judicial conference shall be

10  submitted to the supreme court for consideration.

11         5.  Unless otherwise provided by general law, the

12  supreme court shall submit proposed rules to the legislature

13  by November 30 of the year preceding the effective date of the

14  proposed rule. The legislature may adopt, reject, or amend

15  proposed rules by general law. If the legislature takes no

16  action upon a proposed rule by adjournment sine die of the

17  next regular session, the rule shall be deemed approved.

18  Unless and until adopted by general law or approved as

19  provided in this subsection, rules proposed by the judicial

20  conference shall have no force or effect.

21         (2)  Notwithstanding any other provision of the

22  constitution, a court may not require or authorize collateral

23  or postconviction judicial review of a criminal judgment or

24  sentence except as authorized by general law or rule of

25  postconviction procedure adopted or approved in accordance

26  with this subsection.

27         (3)  Rules of practice and procedure may not be

28  inconsistent with general law and shall not abridge, enlarge,

29  or modify any substantive right. Rules of practice and

30  procedure may be repealed by general law. Rules of court may

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    Florida Senate - 2007                                 SJR 2742
    3-1720-07




 1  be repealed by general law enacted by two-thirds vote of the

 2  membership of each house of the legislature.

 3         (b)  The chief justice of the supreme court shall be

 4  chosen by a majority of the members of the court; shall be the

 5  chief administrative officer of the judicial system; and shall

 6  have the power to assign justices or judges, including

 7  consenting retired justices or judges, to temporary duty in

 8  any court for which the judge is qualified and to delegate to

 9  a chief judge of a judicial circuit the power to assign judges

10  for duty in that circuit.

11         (c)  A chief judge for each district court of appeal

12  shall be chosen by a majority of the judges thereof or, if

13  there is no majority, by the chief justice.  The chief judge

14  shall be responsible for the administrative supervision of the

15  court.

16         (d)  A chief judge in each circuit shall be chosen from

17  among the circuit judges as provided by supreme court rule.

18  The chief judge shall be responsible for the administrative

19  supervision of the circuit courts and county courts in his

20  circuit.

21  BE IT FURTHER RESOLVED that the following statement be placed

22  on the ballot:

23                     CONSTITUTIONAL AMENDMENT

24                       ARTICLE V, SECTION 2

25         JUDICIAL CONFERENCE; RULES OF COURT PRACTICE AND

26  PROCEDURE.--Proposing an amendment to the State Constitution

27  to create a judicial conference to propose and implement rules

28  of court practice and procedure governing violations of

29  criminal law, violations of criminal law by juveniles, and

30  postconviction proceedings, subject to review by the Florida

31  Supreme Court and approval by the Legislature; to prohibit

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    Florida Senate - 2007                                 SJR 2742
    3-1720-07




 1  courts from requiring or authorizing judicial review of

 2  criminal judgments or sentences except as authorized by

 3  general law or court rule of postconviction procedure approved

 4  by the Legislature; to require rules of court practice and

 5  procedure to be consistent with general law, protective of

 6  substantive rights, and repealable by the Legislature; and to

 7  delete a requirement that legislative repeal of rules of court

 8  be by extraordinary vote of each legislative chamber.

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