Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 1672
       
       
       
       
       
       
                                Barcode 813108                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
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       The Committee on Judiciary (Simmons) 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 10 of Article V of
    6  the State Constitution is agreed to and shall be submitted to
    7  the electors of this state for approval or rejection at the next
    8  general election or at an earlier special election specifically
    9  authorized by law for that purpose:
   10                              ARTICLE V                            
   11                              JUDICIARY                            
   12         SECTION 10. Retention; election and terms.—
   13         (a) Any justice or judge may qualify for retention by a
   14  vote of the electors in the general election next preceding the
   15  expiration of the justice’s or judge’s term in the manner
   16  prescribed by law. If a justice or judge is ineligible or fails
   17  to qualify for retention, a vacancy shall exist in that office
   18  upon the expiration of the term being served by the justice or
   19  judge. When a justice or judge so qualifies, the ballot shall
   20  read substantially as follows: “Shall Justice (or Judge)
   21  ...(name of justice or judge)... of the ...(name of the
   22  court)... be retained in office?” If a majority of the qualified
   23  electors voting within the territorial jurisdiction of the court
   24  vote to retain, the justice or judge shall be retained for a
   25  term of six years. The term of the justice or judge retained
   26  shall commence on the first Tuesday after the first Monday in
   27  January following the general election. If a majority of the
   28  qualified electors voting within the territorial jurisdiction of
   29  the court vote to not retain, a vacancy shall exist in that
   30  office upon the expiration of the term being served by the
   31  justice or judge. If at least 40 percent of the qualified
   32  electors within the territorial jurisdiction of the court vote
   33  not to retain a justice or judge, the Governor, with the advice
   34  and consent of a two-thirds majority of the Senate, may declare
   35  a vacancy of that office upon the expiration of the term being
   36  served by the justice or judge.
   37         (b)(1) The election of circuit judges shall be preserved
   38  notwithstanding the provisions of subsection (a) unless a
   39  majority of those voting in the jurisdiction of that circuit
   40  approves a local option to select circuit judges by merit
   41  selection and retention rather than by election. The election of
   42  circuit judges shall be by a vote of the qualified electors
   43  within the territorial jurisdiction of the court.
   44         (2) The election of county court judges shall be preserved
   45  notwithstanding the provisions of subsection (a) unless a
   46  majority of those voting in the jurisdiction of that county
   47  approves a local option to select county judges by merit
   48  selection and retention rather than by election. The election of
   49  county court judges shall be by a vote of the qualified electors
   50  within the territorial jurisdiction of the court.
   51         (3)a. A vote to exercise a local option to select circuit
   52  court judges and county court judges by merit selection and
   53  retention rather than by election shall be held in each circuit
   54  and county at the general election in the year 2000. If a vote
   55  to exercise this local option fails in a vote of the electors,
   56  such option shall not again be put to a vote of the electors of
   57  that jurisdiction until the expiration of at least two years.
   58         b. After the year 2000, a circuit may initiate the local
   59  option for merit selection and retention or the election of
   60  circuit judges, whichever is applicable, by filing with the
   61  custodian of state records a petition signed by the number of
   62  electors equal to at least ten percent of the votes cast in the
   63  circuit in the last preceding election in which presidential
   64  electors were chosen.
   65         c. After the year 2000, a county may initiate the local
   66  option for merit selection and retention or the election of
   67  county court judges, whichever is applicable, by filing with the
   68  supervisor of elections a petition signed by the number of
   69  electors equal to at least ten percent of the votes cast in the
   70  county in the last preceding election in which presidential
   71  electors were chosen. The terms of circuit judges and judges of
   72  county courts shall be for six years.
   73         BE IT FURTHER RESOLVED that the following statement be
   74  placed on the ballot:
   75                      CONSTITUTIONAL AMENDMENT                     
   76                        ARTICLE V, SECTION 10                      
   77         BROADER PUBLIC SUPPORT FOR RETENTION OF JUSTICES AND
   78  JUDGES.—This proposed amendment increases the threshold of
   79  public support needed to retain justices and judges chosen by
   80  merit selection and retention. Under current law, a justice or
   81  judge who appears on the ballot in a retention election is
   82  retained if a simple majority of electors vote to retain the
   83  justice or judge. This amendment provides that a justice or
   84  judge who appears on the ballot in a retention election is
   85  retained if at least 40 percent of qualified electors vote to
   86  retain the justice or judge. This amendment also authorizes the
   87  Governor, with the advice and consent of a two-thirds majority
   88  of the Senate, to declare a vacancy of the justice or judge’s
   89  office upon the expiration of his or her term. The amendment
   90  does not apply to judges who are chosen by election and not by
   91  merit selection and retention. This amendment takes effect
   92  immediately upon approval by the voters and applies to retention
   93  elections beginning with the 2012 General Election.
   94  
   95         BE IT FURTHER RESOLVED that the following statement be
   96  placed on the ballot if a court declares the preceding statement
   97  defective and the decision of the court is not reversed:
   98                      CONSTITUTIONAL AMENDMENT                     
   99                        ARTICLE V, SECTION 10                      
  100         RETENTION OF JUSTICES AND JUDGES.—Currently, retention of a
  101  justice or judge who seeks a new 6-year term requires a simple
  102  majority vote of the qualified electors voting within the
  103  territorial jurisdiction of the court. This amendment increases
  104  the requirement to at least 40 percent of those qualified
  105  electors. The amendment takes effect as soon as it is approved
  106  by the electors, and it applies to any vote to retain a justice
  107  or judge on the ballot in the same general election.
  108  
  109         BE IT FURTHER RESOLVED that the following statement be
  110  placed on the ballot if a court declares the preceding statement
  111  defective and the decision of the court is not reversed:
  112                      CONSTITUTIONAL AMENDMENT                     
  113                        ARTICLE V, SECTION 10                      
  114         INCREASING THE THRESHOLD REQUIRED TO RETAIN JUSTICES AND
  115  JUDGES.—Proposing an amendment to the State Constitution to
  116  increase the threshold required to retain justices and judges.
  117  Under current law, a justice or judge appears on the ballot at
  118  the end of each term of office for a retention election. If a
  119  majority of the votes cast are for retention, the justice or
  120  judge continues in office, but if a majority votes not to
  121  retain, the justice or judge is removed from office at the end
  122  of the term of office. This amendment changes the threshold to
  123  at least 40 percent; that is, of the votes cast, 40 percent or
  124  more would have to be votes to retain the justice or judge in
  125  order for the justice or judge to retain his or her office for
  126  another term. This provision will apply to all state court
  127  appellate justices and judges, but will apply only to trial
  128  court judges in your judicial circuit or your county if your
  129  circuit or county has approved merit selection and retention;
  130  otherwise, this proposed amendment will not affect your circuit
  131  court judges or county court judges, respectively. The amendment
  132  applies immediately to any justice or judge who is on the ballot
  133  for a retention vote in this election.
  134  
  135         BE IT FURTHER RESOLVED that the following statement be
  136  placed on the ballot if a court declares the preceding statement
  137  defective and the decision of the court is not reversed:
  138                      CONSTITUTIONAL AMENDMENT                     
  139                        ARTICLE V, SECTION 10                      
  140         INCREASING THE VOTE REQUIRED TO RETAIN A JUSTICE OR JUDGE.
  141  The State Constitution currently provides that a justice or
  142  judge qualifies to be retained in office for an additional term
  143  by receiving the votes of a majority of the qualified electors
  144  voting within the court’s jurisdiction in an election before the
  145  term of the justice or judge ends. This proposed amendment
  146  raises the required votes for retention from a majority of the
  147  qualified electors voting within the court’s jurisdiction to at
  148  least 40 percent. If more than 40 percent of qualified electors
  149  vote against retention, the Governor, with the advice and
  150  consent of a two-thirds majority of the Senate, may declare a
  151  vacancy in the office when the justice’s or judge’s term
  152  expires. The proposed amendment takes effect immediately and
  153  applies beginning with any judicial retention vote that is
  154  occurring in this same general election.
  155  
  156  ================= T I T L E  A M E N D M E N T ================
  157         And the title is amended as follows:
  158         Delete everything before the resolving clause
  159  and insert:
  160                        A bill to be entitled                      
  161         A joint resolution proposing an amendment to Section
  162         10 of Article V of the State Constitution to increase
  163         the vote required to retain a justice or judge in a
  164         judicial office and to provide for the increased vote
  165         requirement to apply beginning with retention
  166         elections during the 2012 General Election.