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
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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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