Amendment
Bill No. CS/HJR 7111

Amendment No. 418661

CHAMBER ACTION
Senate		House
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1	Representative Eisnaugle offered the following:
2
3	Amendment (with ballot amendment)
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5	B A L L O T  A M E N D M E N T
6	Remove lines 689-898 and insert:
7	CONSTITUTIONAL AMENDMENT
8	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
9
10	STATE COURTS.-Proposing a revision of Article V of the
11	State Constitution relating to the judiciary.
12	Under current law, the Florida Supreme Court is the highest
13	court in Florida and hears both civil and criminal cases. It has
14	7 appointed justices. This revision would divide the current
15	Supreme Court into two divisions, one hearing civil cases and
16	the other hearing criminal cases. Each division would have 5
17	appointed justices who are permanently assigned. The 3 current
18	justices who have the most service with the Florida Supreme
19	Court would be assigned to the criminal division, the remaining
20	4 current justices would be assigned to the civil division, and
21	the Governor would appoint 3 new justices to fill the remaining
22	openings in the two divisions. The existing jurisdiction of the
23	Supreme Court would be expanded to allow discretionary review of
24	certain district court of appeal decisions. This revision
25	generally defines the civil law and criminal law jurisdiction of
26	each division, provides for assignment of cases to each
27	respective division, and allows the Legislature, by general law,
28	to further define the jurisdictions of each division. The
29	jurisdiction of a division will be limited to the division's
30	area, whether civil or criminal. The power of justices of the
31	criminal division to hear appeals from final judgments entered
32	in proceedings for the validation of bonds or certificates of
33	indebtedness and to review action of statewide agencies relating
34	to rates or service of utilities providing electric, gas, or
35	telephone service is limited by this revision and granted
36	exclusively to the civil division. The power of justices of the
37	civil division to issue a writ of habeas corpus and to hear
38	appeals from final judgments of trial courts imposing the death
39	penalty is limited by this revision and granted exclusively to
40	the justices of the criminal division. This revision provides
41	that if both divisions assert jurisdiction over a case, the
42	Chief Justice of the Supreme Court of Florida will decide where
43	jurisdiction is appropriate.
44	This proposed revision also creates a title of chief
45	justice in each of the divisions with an 8-year term. The
46	constitution currently provides that the Chief Justice of the
47	Supreme Court is the administrative head of the state judicial
48	system. This revision provides that the position of Chief
49	Justice of the Supreme Court will rotate every 4 years between
50	the chief justice of the civil division and the chief justice of
51	the criminal division. The constitution currently also provides
52	that the chief justice is chosen by vote of the justices. This
53	revision provides that the initial new justices and the initial
54	chief justice of each division will be selected by the Governor
55	and future chief justices will be selected by the Governor
56	subject to Senate confirmation. A chief justice is, like a
57	regular justice under current law, subject to retention election
58	and mandatory retirement requirements applicable to all Florida
59	justices and judges.
60	Under current law, the Governor appoints a justice from a
61	list of nominees provided by a judicial nominating commission,
62	and appointments by the Governor are not subject to
63	confirmation. Other than the initial 3 new appointees, this
64	revision requires Senate confirmation of a justice before the
65	appointee can take office. If the Senate votes not to confirm
66	the appointment, the judicial nominating commission must
67	reconvene and may not renominate any person whose prior
68	appointment to fill the same vacancy was not confirmed by the
69	Senate. For the purpose of confirmation, the Senate may meet at
70	any time or may appoint a committee to decide confirmations
71	while the Senate is not in session. If the Senate does not vote
72	against confirmation within 90 days, the justice will be deemed
73	confirmed and will take office.
74	The State Constitution authorizes the Supreme Court to
75	adopt rules for the practice and procedure in all courts. The
76	constitution further provides that a rule of court may be
77	repealed by a general law enacted by a two-thirds vote of the
78	membership of each house of the Legislature. This proposed
79	constitutional revision eliminates the requirement that a
80	general law repealing a court rule pass by a two-thirds vote of
81	each house. The Legislature could repeal a rule of court by a
82	general law approved by a majority vote of each house of the
83	Legislature that expresses the policy behind the repeal. The
84	court could readopt the rule in conformity with the public
85	policy expressed by the Legislature, but if the Legislature
86	repeals the readopted rule, this proposed revision prohibits the
87	court from readopting the repealed rule without the
88	Legislature's prior approval. Court rules may be adopted by both
89	divisions of the Supreme Court meeting jointly, or the court may
90	elect to divide classes of rules between the divisions.
91	The Judicial Qualifications Commission is an independent
92	commission created by the State Constitution to investigate and
93	prosecute before the Florida Supreme Court alleged misconduct by
94	a justice or judge. Currently under the constitution, commission
95	proceedings are confidential until formal charges are filed by
96	the investigative panel of the commission. Once formal charges
97	are filed, the formal charges and all further proceedings of the
98	commission are public. Currently, the constitution authorizes
99	the House of Representatives to impeach a justice or judge.
100	Further, the Speaker of the House of Representatives may
101	request, and the Judicial Qualifications Commission must make
102	available, all information in the commission's possession for
103	use in deciding whether to impeach a justice or judge. This
104	proposed revision requires the commission to make all of its
105	files available to the Speaker of the House of Representatives,
106	rather than just the file of a justice or judge under
107	investigation by the House of Representatives. Such files would
108	maintain their confidentiality unless the House of
109	Representatives initiates impeachment proceedings against a
110	justice or judge, in which case the files related to that
111	justice or judge may be open. This revision deletes a
112	requirement that a general law repealing a commission rule be
113	passed by a majority vote of the membership of each house of the
114	Legislature and revises the number of Supreme Court justices
115	needed to repeal such a rule.
116	State appropriations are made annually by general law.
117	Current law does not require any specific level of funding for
118	any agency or department. This revision requires that the courts
119	be appropriated a minimum of 2.25 percent of general revenue
120	funding beginning with the 2013-2014 fiscal year.
121	This revision will take effect upon its passage by the
122	electorate and provides a schedule for implementation of its
123	provisions. This revision makes other conforming and modernizing
124	changes to the State Constitution regarding the judicial system,
125	including removing the positions of clerk and marshal of the
126	Supreme Court and the courts of appeal from the constitution;
127	providing for transition to the new divisions; removing outdated
128	schedules related to the Judicial Qualifications Commission; and
129	making conforming and technical changes in the judicial articles
130	of the constitution.
131
132	BE IT FURTHER RESOLVED that the following statement be
133	placed on the ballot if a court declares the preceding statement
134	defective and the decision of the court is not reversed:
135
136	CONSTITUTIONAL AMENDMENT
137	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
138
139	JUDICIARY.-Proposing a revision of the Judiciary Article of
140	the Florida Constitution; reorganizing the Florida Supreme Court
141	into divisions; requiring Senate confirmation for appointment of
142	a Supreme Court justice; providing standards and procedures for
143	legislative repeal of a court rule; providing a minimum level of
144	court funding; allowing legislative review of confidential files
145	of the Judicial Qualifications Commission; providing for
146	transition; and making other ancillary amendments, including,
147	but not limited to, technical and conforming amendments.
148
149	BE IT FURTHER RESOLVED that the following statement be
150	placed on the ballot if a court declares the preceding
151	statements defective and the decision of the court is not
152	reversed:
153
154	CONSTITUTIONAL AMENDMENT
155	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
156
157	STATE COURTS.-Proposing a revision to Article V of the
158	State Constitution relating to the judiciary; changing the
159	authority of the Legislature to repeal a court rule by 2/3 vote
160	of the membership of each house to a simple majority of each
161	house; limiting the Supreme Court's ability to readopt a rule
162	repealed by the Legislature; replacing the current seven-member
163	Supreme Court with two five-member divisions of the Supreme
164	Court, one with civil jurisdiction and one with criminal
165	jurisdiction; establishing a Chief Justice of the Supreme Court
166	who shall serve as the chief administrative officer for the
167	courts; establishing a chief justice for the civil division of
168	the Supreme Court; establishing a chief justice for the criminal
169	division of the Supreme Court; providing for the manner of
170	selection and term for the chief justice of each division of the
171	Supreme Court; changing the manner of designation and term of
172	office of the Chief Justice of the Supreme Court; providing that
173	a chief justice of a division of the Supreme Court is subject to
174	a retention election and eligibility requirements as currently
175	established in the State Constitution; providing for manner of
176	replacement of a chief justice of a division; providing for
177	apportionment of current justices among the civil and criminal
178	divisions of the Supreme Court; changing the requirements for a
179	quorum from four to three as being necessary for a decision;
180	providing authority and circumstances where the divisions of the
181	Supreme Court may meet en banc; providing jurisdiction for each
182	division of the Supreme Court, including matters which will be
183	exclusive to each division; clarifying the jurisdiction of the
184	Supreme Court to hear appeals from certain district court of
185	appeal decisions; providing that the Legislature may further
186	define the split of jurisdiction between civil and criminal
187	matters; providing that the Chief Justice of the Supreme Court
188	decides jurisdiction should both divisions claim jurisdiction
189	over the same case; removing references to clerks and marshals;
190	requiring Senate confirmation before a justice may take office;
191	providing that if the Senate does not act within 90 days the
192	nominee is deemed confirmed as a justice; allowing the Senate to
193	meet outside of regular session without having the House of
194	Representatives convene at the same time; allowing Senate Rule
195	to designate a committee that may confirm a nominee; deleting
196	outdated references; requiring the Judicial Qualifications
197	Commission to provide the House of Representatives access to
198	records; providing for confidentiality of records; requiring a
199	minimum level of funding for the judicial system; providing for
200	transition; requiring the current Supreme Court to list its
201	members by seniority in office; providing that the three most
202	senior justices be assigned to the criminal division and the
203	remaining justices assigned to the criminal division; providing
204	time limits for appointments by the Governor for the remaining
205	seats; providing an exception to Senate confirmation for initial
206	appointments; requiring the Governor to name the initial chief
207	justice of each division; providing that the initial chief
208	justice of the civil division be named the Chief Justice of the
209	Supreme Court; requiring that existing cases be split between
210	the divisions; providing that cases decided before the split
211	into divisions are final and not subject to rehearing or recall
212	of the mandate; providing for the terms of the initial chief
213	justices of the divisions; providing for adoption of court
214	rules; allowing the Legislature by general law to further
215	provide for transition; providing that the transition schedules
216	may be deleted by general law when they have become outdated.

CODING: Words stricken are deletions; words underlined are additions.