Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. CS for SJR 140
Barcode 328736
LEGISLATIVE ACTION
Senate . House
Comm: RCS .
04/27/2011 .
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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 five years, 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 five years, 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.