Florida Senate - 2011 COMMITTEE AMENDMENT Bill No. CS for SJR 140 Barcode 328736 LEGISLATIVE ACTION Senate . House Comm: RCS . 04/27/2011 . . . . ————————————————————————————————————————————————————————————————— ————————————————————————————————————————————————————————————————— The Committee on Budget (Richter) recommended the following: 1 Senate Amendment (with title amendment) 2 3 Delete everything after the resolving clause 4 and insert: 5 That the following amendment to Section 8 of Article V and 6 the creation of Section 32 of Article XII of the State 7 Constitution are agreed to and shall be submitted to the 8 electors of this state for approval or rejection at the next 9 general election or at an earlier special election specifically 10 authorized by law for that purpose: 11 ARTICLE V 12 JUDICIARY 13 SECTION 8. Eligibility.—No person shall be eligible for 14 office of justice or judge of any court unless the person is an 15 elector of the state and resides in the territorial jurisdiction 16 of the court. No justice or judge shall serve after attaining 17 the age of seventy years except upon temporary assignment or to 18 complete a term, one-half of which has been served. No person is 19 eligible for the office of justice of the supreme court or judge 20 of a district court of appeal unless the person is, and has been 21 for the preceding ten years, a member of the bar of Florida. No 22 person is eligible for the office of circuit judge unless the 23 person is, and has been for the preceding eight
fiveyears, a 24 member of the bar of Florida. Unless otherwise provided by 25 general law, no person is eligible for the office of county 26 court judge unless the person is, and has been for the preceding 27 eight fiveyears, a member of the bar of Florida. Unless 28 otherwise provided by general law, a person shall be eligible 29 for election or appointment to the office of county court judge 30 in a county having a population of 40,000 or less if the person 31 is a member in good standing of the bar of Florida. 32 ARTICLE 33 SCHEDULE XII 34 SECTION 32. Qualifications of circuit and county court 35 judges.—The amendment to Section 8 of Article V changing the 36 qualifications of circuit judges and county court judges shall 37 take effect January 9, 2013. The amendment does not affect any 38 judge in office on the effective date of the amendment. Any 39 judge qualified to hold office and in office on January 8, 2013, 40 may remain in office and seek reelection to that office 41 regardless of whether the judge has been a member of the bar of 42 Florida for the previous eight years. 43 BE IT FURTHER RESOLVED that the following statement be 44 placed on the ballot: 45 CONSTITUTIONAL AMENDMENT 46 ARTICLE V, SECTION 8 47 ARTICLE XII, SECTION 32 48 INCREASING THE QUALIFICATIONS FOR THE OFFICES OF CIRCUIT COURT 49 AND COUNTY COURT JUDGES.—The State Constitution currently 50 prohibits a person from serving as a circuit court judge unless 51 the person is, and has been for the proceeding 5 years, a member 52 of The Florida Bar. This same prohibition applies to county 53 court judges, except in counties having a population of 40,000 54 or fewer, where a person need only be a member in good standing 55 of The Florida Bar. This proposed amendment increases to 8 years 56 the period of time that a person must be a member of The Florida 57 Bar before serving as a circuit court judge or a county court 58 judge in any county, to take effect January 1, 2013. The 59 increased qualifications do not apply to county court or circuit 60 court judges qualified to hold office and in office on January 61 8, 2013, or to persons seeking to be elected to the office of 62 county court or circuit court judge during the November 2012 63 general election or any special election held prior to such 64 general election. 65 66 ================= T I T L E A M E N D M E N T ================ 67 And the title is amended as follows: 68 Delete everything before the resolving clause 69 and insert: 70 Senate Joint Resolution 71 A joint resolution proposing an amendment to Section 8 72 of Article V and the creation of Section 32 of Article 73 XII of the State Constitution to increase the period 74 of time that a person must be a member of The Florida 75 Bar before becoming eligible for the office of circuit 76 court or county court judge, to provide an effective 77 date, and to provide that judges qualified to hold 78 office and in office on that effective date may remain 79 in office and run for reelection, notwithstanding the 80 increase.