Florida Senate - 2011                                   SJR 2084
       
       
       
       By the Committee on Judiciary
       
       
       
       
       590-03242-11                                          20112084__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 2
    3         of Article V of the State Constitution to reduce the
    4         vote threshold required for the Legislature to enact a
    5         law repealing a rule of court and to prohibit the
    6         Supreme Court from readopting a rule repealed by the
    7         Legislature for a prescribed period.
    8  
    9  Be It Resolved by the Legislature of the State of Florida:
   10  
   11         That the following amendment to Section 2 of Article V of
   12  the State Constitution is agreed to and shall be submitted to
   13  the electors of this state for approval or rejection at the next
   14  general election or at an earlier special election specifically
   15  authorized by law for that purpose:
   16                              ARTICLE V                            
   17                              JUDICIARY                            
   18         SECTION 2. Administration; practice and procedure.—
   19         (a) The supreme court shall adopt rules for the practice
   20  and procedure in all courts including the time for seeking
   21  appellate review, the administrative supervision of all courts,
   22  the transfer to the court having jurisdiction of any proceeding
   23  when the jurisdiction of another court has been improvidently
   24  invoked, and a requirement that no cause shall be dismissed
   25  because an improper remedy has been sought. The supreme court
   26  shall adopt rules to allow the court and the district courts of
   27  appeal to submit questions relating to military law to the
   28  federal Court of Appeals for the Armed Forces for an advisory
   29  opinion. Rules of court may be repealed by general law enacted
   30  by a three-fifths two-thirds vote of the membership of each
   31  house of the legislature. The supreme court may not readopt a
   32  rule within three years after the rule has been repealed by
   33  general law.
   34         (b) The chief justice of the supreme court shall be chosen
   35  by a majority of the members of the court; shall be the chief
   36  administrative officer of the judicial system; and shall have
   37  the power to assign justices or judges, including consenting
   38  retired justices or judges, to temporary duty in any court for
   39  which the judge is qualified and to delegate to a chief judge of
   40  a judicial circuit the power to assign judges for duty in that
   41  circuit.
   42         (c) A chief judge for each district court of appeal shall
   43  be chosen by a majority of the judges thereof or, if there is no
   44  majority, by the chief justice. The chief judge shall be
   45  responsible for the administrative supervision of the court.
   46         (d) A chief judge in each circuit shall be chosen from
   47  among the circuit judges as provided by supreme court rule. The
   48  chief judge shall be responsible for the administrative
   49  supervision of the circuit courts and county courts in his
   50  circuit.
   51         BE IT FURTHER RESOLVED that the following statement be
   52  placed on the ballot:
   53                      CONSTITUTIONAL AMENDMENT                     
   54                        ARTICLE V, SECTION 2                       
   55         REVISING REQUIREMENTS RELATING TO THE REPEAL OF A SUPREME
   56  COURT RULE BY GENERAL LAW.—The State Constitution authorizes the
   57  Supreme Court to adopt rules for the practice and procedure in
   58  all courts. The constitution further provides that a rule of
   59  court may be repealed by a general law enacted by a two-thirds
   60  vote of the membership of each house of the Legislature. This
   61  proposed constitutional amendment reduces the vote required to
   62  enact a general law repealing a rule of court to a three-fifths
   63  vote of each house of the Legislature. The proposed amendment
   64  also prohibits the Supreme Court from readopting a rule within 3
   65  years after the rule is repealed by a general law.
   66  
   67         BE IT FURTHER RESOLVED that the following statement be
   68  placed on the ballot if a court declares the preceding statement
   69  defective and the decision of the court is not reversed:
   70                      CONSTITUTIONAL AMENDMENT                     
   71                        ARTICLE V, SECTION 2                       
   72         REPEAL OF SUPREME COURT RULES BY GENERAL LAW.—Under the
   73  State Constitution, the Supreme Court adopts rules governing
   74  practice and procedure in all courts in this state. The
   75  constitution empowers the Legislature to repeal a court rule by
   76  passing a general bill. The bill, however, must pass both the
   77  Senate and the House of Representatives by a vote of two-thirds
   78  of the membership of each respective chamber. If the bill
   79  becomes law, the rule is repealed. There is currently no
   80  prohibition in the State Constitution against the Supreme Court
   81  readopting the same rule at any time. This proposed
   82  constitutional amendment allows the Legislature to repeal a rule
   83  of court by a general law enacted by a three-fifths vote of each
   84  house. In addition, this amendment specifies that the Supreme
   85  Court would have to wait at least 3 years before readopting the
   86  rule.
   87  
   88         BE IT FURTHER RESOLVED that the following statement be
   89  placed on the ballot if a court declares the preceding statement
   90  defective and the decision of the court is not reversed:
   91                      CONSTITUTIONAL AMENDMENT                     
   92                        ARTICLE V, SECTION 2                       
   93         MAKING IT EASIER TO REPEAL A SUPREME COURT RULE BY GENERAL
   94  LAW.—Proposing an amendment to the State Constitution to reduce
   95  the vote requirement that the Legislature needs in order to
   96  repeal a rule adopted by the Supreme Court. Currently under the
   97  State Constitution, the Legislature may enact a general bill
   98  that repeals a rule of court adopted by the Supreme Court. The
   99  bill must pass both the Senate and the House of Representatives
  100  by vote at least equal to two-thirds of the membership of each
  101  house of the Legislature. If this bill becomes law, it repeals
  102  the rule of court. This proposed constitutional amendment would
  103  make it easier for the Legislature to repeal a rule of court by
  104  reducing the vote threshold to repeal a rule of court to a
  105  three-fifths vote of each house. The proposed amendment also
  106  adds a new provision to the constitution which prohibits the
  107  Supreme Court from readopting a rule within 3 years after the
  108  rule is repealed by a general law.
  109  
  110         BE IT FURTHER RESOLVED that the following statement be
  111  placed on the ballot if a court declares the preceding statement
  112  defective and the decision of the court is not reversed:
  113                      CONSTITUTIONAL AMENDMENT                     
  114                        ARTICLE V, SECTION 2                       
  115         REDUCING THE LEGISLATIVE VOTE NECESSARY TO REPEAL A RULE OF
  116  COURT.—Proposing an amendment to the State Constitution to
  117  eliminate the requirement for an extraordinary vote of each
  118  house of the Legislature in order to repeal a rule of court by
  119  general law. The Supreme Court adopts rules governing practice
  120  and procedure in all state courts. Currently under the
  121  constitution, the Legislature can repeal a rule of court by
  122  passing a general bill, but the bill must pass by a vote of at
  123  least two-thirds of the membership of each of the Senate and the
  124  House of Representatives. The proposed constitutional amendment
  125  reduces the vote required to enact a general law repealing a
  126  rule of court to a three-fifths vote of each house of the
  127  Legislature. Currently, the constitution does not prohibit the
  128  Supreme Court from readopting a rule that is repealed by general
  129  law. The proposed amendment adds new language specifying that
  130  the Court may not readopt a rule within 3 years after the rule
  131  is repealed in this manner.