Amendment
Bill No. CS/HJR 7111

Amendment No. 611389

CHAMBER ACTION
Senate		House
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1	Representative Eisnaugle offered the following:
2
3	Amendment to Amendment (289464) (with title amendment)
4	Remove lines 5-424 and insert:
5	That the following revision to Sections 2, 11, and 12 of
6	Article V of the State Constitution is agreed to and shall be
7	submitted to the electors of this state for approval or
8	rejection at the next general election or at an earlier special
9	election specifically authorized by law for that purpose:
10	ARTICLE V
11	JUDICIARY
12	SECTION 2.  Administration; practice and procedure.-
13	(a)  The supreme court shall adopt rules for the practice
14	and procedure in all courts including the time for seeking
15	appellate review, the administrative supervision of all courts,
16	the transfer to the court having jurisdiction of any proceeding
17	when the jurisdiction of another court has been improvidently
18	invoked, and a requirement that no cause shall be dismissed
19	because an improper remedy has been sought. The supreme court
20	shall adopt rules to allow it the court and the district courts
21	of appeal to submit questions relating to military law to the
22	federal Court of Appeals for the Armed Forces for an advisory
23	opinion. Rules of court may be repealed by general law that
24	expresses the policy behind the repeal enacted by two-thirds
25	vote of the membership of each house of the legislature. The
26	court may readopt the repealed rule only in conformity with the
27	public policy expressed by the legislature. If the legislature
28	determines that a rule has been readopted and repeals the
29	readopted rule, the rule may not be readopted thereafter without
30	prior approval of the legislature.
31	(b)  The chief justice of the supreme court shall be chosen
32	by a majority of the members of the court; shall be the chief
33	administrative officer of the judicial system; and shall have
34	the power to assign justices or judges, including consenting
35	retired justices or judges, to temporary duty in any court for
36	which the judge is qualified and to delegate to a chief judge of
37	a judicial circuit the power to assign judges for duty in that
38	circuit.
39	(c)  A chief judge for each district court of appeal shall
40	be chosen by a majority of the judges thereof or, if there is no
41	majority, by the chief justice. The chief judge shall be
42	responsible for the administrative supervision of the court.
43	(d)  A chief judge in each circuit shall be chosen from
44	among the circuit judges as provided by supreme court rule. The
45	chief judge of a circuit shall be responsible for the
46	administrative supervision of the circuit courts and county
47	courts in the his circuit.
48	SECTION 11.  Vacancies.-
49	(a)  Whenever a vacancy occurs in a judicial office to
50	which election for retention applies, the governor shall fill
51	the vacancy by appointing for a term ending on the first Tuesday
52	after the first Monday in January of the year following the next
53	general election occurring at least one year after the date of
54	appointment, one of not fewer than three persons nor more than
55	six persons nominated by the appropriate judicial nominating
56	commission.
57	(b)  The governor shall fill each vacancy on a circuit
58	court or on a county court, wherein the judges are elected by a
59	majority vote of the electors, by appointing for a term ending
60	on the first Tuesday after the first Monday in January of the
61	year following the next primary and general election occurring
62	at least one year after the date of appointment, one of not
63	fewer than three persons nor more than six persons nominated by
64	the appropriate judicial nominating commission. An election
65	shall be held to fill that judicial office for the term of the
66	office beginning at the end of the appointed term.
67	(c)  The nominations shall be made within thirty days from
68	the occurrence of a vacancy unless the period is extended by the
69	governor for a time not to exceed thirty days. The governor
70	shall make the appointment within sixty days after the
71	nominations have been certified to the governor.
72	(d)  Each appointment of a justice of the supreme court is
73	subject to confirmation by the senate. The senate may sit for
74	the purpose of confirmation regardless of whether the house of
75	representatives is in session or not. If the senate fails to
76	vote on the appointment of a justice within 90 days, the justice
77	shall be deemed confirmed. If the senate votes to not confirm
78	the appointment, the supreme court judicial nominating
79	commission shall reconvene as though a new vacancy had occurred
80	but may not renominate any person whose prior appointment to
81	fill the same vacancy was not confirmed by the senate. The
82	appointment of a justice is effective upon confirmation by the
83	senate.
84	(e)(d)  There shall be a separate judicial nominating
85	commission as provided by general law for the supreme court, one
86	for each district court of appeal, and one for each judicial
87	circuit for all trial courts within the circuit. Uniform rules
88	of procedure shall be established by the judicial nominating
89	commissions at each level of the court system. Such rules, or
90	any part thereof, may be repealed by general law enacted by a
91	majority vote of the membership of each house of the
92	legislature, or by the supreme court, five justices concurring.
93	Except for deliberations of the judicial nominating commissions,
94	the proceedings of the commissions and their records shall be
95	open to the public.
96	SECTION 12.  Discipline; removal and retirement.-
97	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
98	qualifications commission is created.
99	(1)  There shall be a judicial qualifications commission
100	vested with jurisdiction to investigate and recommend to the
101	Supreme Court of Florida the removal from office of any justice
102	or judge whose conduct, during term of office or otherwise,
103	occurring on or after November 1, 1966, (without regard to the
104	effective date of this section) demonstrates a present unfitness
105	to hold office, and to investigate and recommend the discipline
106	of a justice or judge whose conduct, during term of office or
107	otherwise occurring on or after November 1, 1966 (without regard
108	to the effective date of this section), warrants such
109	discipline. For purposes of this section, discipline is defined
110	as any or all of the following: reprimand, fine, suspension with
111	or without pay, or lawyer discipline. The commission shall have
112	jurisdiction over justices and judges regarding allegations that
113	misconduct occurred before or during service as a justice or
114	judge if a complaint is made no later than one year following
115	service as a justice or judge. The commission shall have
116	jurisdiction regarding allegations of incapacity during service
117	as a justice or judge. The commission shall be composed of:
118	a.  Two judges of district courts of appeal selected by the
119	judges of those courts, two circuit judges selected by the
120	judges of the circuit courts and two judges of county courts
121	selected by the judges of those courts;
122	b.  Four electors who reside in the state, who are members
123	of the bar of Florida, and who shall be chosen by the governing
124	body of the bar of Florida; and
125	c.  Five electors who reside in the state, who have never
126	held judicial office or been members of the bar of Florida, and
127	who shall be appointed by the governor.
128	(2)  The members of the judicial qualifications commission
129	shall serve staggered terms, not to exceed six years, as
130	prescribed by general law. No member of the commission except a
131	judge shall be eligible for state judicial office while acting
132	as a member of the commission and for a period of two years
133	thereafter. No member of the commission shall hold office in a
134	political party or participate in any campaign for judicial
135	office or hold public office; provided that a judge may campaign
136	for judicial office and hold that office. The commission shall
137	elect one of its members as its chairperson.
138	(3)  Members of the judicial qualifications commission not
139	subject to impeachment shall be subject to removal from the
140	commission pursuant to the provisions of Article IV, Section 7,
141	Florida Constitution.
142	(4)  The commission shall adopt rules regulating its
143	proceedings, the filling of vacancies by the appointing
144	authorities, the disqualification of members, the rotation of
145	members between the panels, and the temporary replacement of
146	disqualified or incapacitated members. The commission's rules,
147	or any part thereof, may be repealed by general law enacted by a
148	majority vote of the membership of each house of the
149	legislature, or by the supreme court, five justices concurring.
150	The commission shall have power to issue subpoenas. Until formal
151	charges against a justice or judge are filed by the
152	investigative panel with the clerk of the supreme court of
153	Florida all proceedings by or before the commission shall be
154	confidential; provided, however, upon a finding of probable
155	cause and the filing by the investigative panel with said clerk
156	of such formal charges against a justice or judge such charges
157	and all further proceedings before the commission shall be
158	public.
159	(5)  The commission shall have access to all information
160	from all executive, legislative and judicial agencies, including
161	grand juries, subject to the rules of the commission. At any
162	time, on request of the speaker of the house of representatives
163	or the governor, the commission shall make available to the
164	house of representatives all information in the possession of
165	the commission, which information shall remain confidential
166	during any investigation and until such information is used in
167	the pursuit for use in consideration of impeachment or
168	suspension, respectively.
169	(b)  PANELS.-The commission shall be divided into an
170	investigative panel and a hearing panel as established by rule
171	of the commission. The investigative panel is vested with the
172	jurisdiction to receive or initiate complaints, conduct
173	investigations, dismiss complaints, and upon a vote of a simple
174	majority of the panel submit formal charges to the hearing
175	panel. The hearing panel is vested with the authority to receive
176	and hear formal charges from the investigative panel and upon a
177	two-thirds vote of the panel recommend to the supreme court the
178	removal of a justice or judge or the involuntary retirement of a
179	justice or judge for any permanent disability that seriously
180	interferes with the performance of judicial duties. Upon a
181	simple majority vote of the membership of the hearing panel, the
182	panel may recommend to the supreme court that the justice or
183	judge be subject to appropriate discipline.
184	(c)  SUPREME COURT.-The supreme court shall receive
185	recommendations from the judicial qualifications commission's
186	hearing panel.
187	(1)  The supreme court may accept, reject, or modify in
188	whole or in part the findings, conclusions, and recommendations
189	of the commission and it may order that the justice or judge be
190	subjected to appropriate discipline, or be removed from office
191	with termination of compensation for willful or persistent
192	failure to perform judicial duties or for other conduct
193	unbecoming a member of the judiciary demonstrating a present
194	unfitness to hold office, or be involuntarily retired for any
195	permanent disability that seriously interferes with the
196	performance of judicial duties. Malafides, scienter or moral
197	turpitude on the part of a justice or judge shall not be
198	required for removal from office of a justice or judge whose
199	conduct demonstrates a present unfitness to hold office. After
200	the filing of a formal proceeding and upon request of the
201	investigative panel, the supreme court may suspend the justice
202	or judge from office, with or without compensation, pending
203	final determination of the inquiry.
204	(2)  The supreme court may award costs to the prevailing
205	party.
206	(d)  REMOVAL POWER.-The power of removal conferred by this
207	section shall be both alternative and cumulative to the power of
208	impeachment.
209	(e)  PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.-
210	Notwithstanding any of the foregoing provisions of this section,
211	if the person who is the subject of proceedings by the judicial
212	qualifications commission is a justice of the supreme court of
213	Florida all justices of such court automatically shall be
214	disqualified to sit as justices of such court with respect to
215	all proceedings therein concerning such person and the supreme
216	court for such purposes shall be composed of a panel consisting
217	of the seven chief judges of the judicial circuits of the state
218	of Florida most senior in tenure of judicial office as circuit
219	judge. For purposes of determining seniority of such circuit
220	judges in the event there be judges of equal tenure in judicial
221	office as circuit judge the judge or judges from the lower
222	numbered circuit or circuits shall be deemed senior. In the
223	event any such chief circuit judge is under investigation by the
224	judicial qualifications commission or is otherwise disqualified
225	or unable to serve on the panel, the next most senior chief
226	circuit judge or judges shall serve in place of such
227	disqualified or disabled chief circuit judge.
228	(f)  SCHEDULE TO SECTION 12.-
229	(1)  Except to the extent inconsistent with the provisions
230	of this section, all provisions of law and rules of court in
231	force on the effective date of this article shall continue in
232	effect until superseded in the manner authorized by the
233	constitution.
234	(2)  After this section becomes effective and until adopted
235	by rule of the commission consistent with it:
236	a.  The commission shall be divided, as determined by the
237	chairperson, into one investigative panel and one hearing panel
238	to meet the responsibilities set forth in this section.
239	b.  The investigative panel shall be composed of:
240	1.  Four judges,
241	2.  Two members of the bar of Florida, and
242	3.  Three non-lawyers.
243	c.  The hearing panel shall be composed of:
244	1.  Two judges,
245	2.  Two members of the bar of Florida, and
246	3.  Two non-lawyers.
247	d.  Membership on the panels may rotate in a manner
248	determined by the rules of the commission provided that no
249	member shall vote as a member of the investigative and hearing
250	panel on the same proceeding.
251	e.  The commission shall hire separate staff for each
252	panel.
253	f.  The members of the commission shall serve for staggered
254	terms of six years.
255	g.  The terms of office of the present members of the
256	judicial qualifications commission shall expire upon the
257	effective date of the amendments to this section approved by the
258	legislature during the regular session of the legislature in
259	1996 and new members shall be appointed to serve the following
260	staggered terms:
261	1.  Group I.-The terms of five members, composed of two
262	electors as set forth in s. 12(a)(1)c. of Article V, one member
263	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
264	V, one judge from the district courts of appeal and one circuit
265	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
266	on December 31, 1998.
267	2.  Group II.-The terms of five members, composed of one
268	elector as set forth in s. 12(a)(1)c. of Article V, two members
269	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
270	V, one circuit judge and one county judge as set forth in s.
271	12(a)(1)a. of Article V shall expire on December 31, 2000.
272	3.  Group III.-The terms of five members, composed of two
273	electors as set forth in s. 12(a)(1)c. of Article V, one member
274	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
275	from the district courts of appeal and one county judge as set
276	forth in s. 12(a)(1)a. of Article V, shall expire on December
277	31, 2002.
278	g.h.  An appointment to fill a vacancy of the commission
279	shall be for the remainder of the term.
280	h.i.  Selection of members by district courts of appeal
281	judges, circuit judges, and county court judges, shall be by no
282	less than a majority of the members voting at the respective
283	courts' conferences. Selection of members by the board of
284	governors of the bar of Florida shall be by no less than a
285	majority of the board.
286	i.j.  The commission shall be entitled to recover the costs
287	of investigation and prosecution, in addition to any penalty
288	levied by the supreme court.
289	j.k.  The compensation of members and referees shall be the
290	travel expenses or transportation and per diem allowance as
291	provided by general law.
292
293	BE IT FURTHER RESOLVED that the following statement be
294	placed on the ballot:
295	CONSTITUTIONAL AMENDMENT
296	ARTICLE V, SECTIONS 2, 11, AND 12
297	STATE COURTS.-Proposing a revision of Article V of the
298	State Constitution relating to the judiciary.
299	The State Constitution authorizes the Supreme Court to
300	adopt rules for the practice and procedure in all courts. The
301	constitution further provides that a rule of court may be
302	repealed by a general law enacted by a two-thirds vote of the
303	membership of each house of the Legislature. This proposed
304	constitutional revision eliminates the requirement that a
305	general law repealing a court rule pass by a two-thirds vote of
306	each house, thereby providing that the Legislature may repeal a
307	rule of court by a general law approved by a majority vote of
308	each house of the Legislature that expresses the policy behind
309	the repeal. The court could readopt the rule in conformity with
310	the public policy expressed by the Legislature, but if the
311	Legislature determines that a rule has been readopted and
312	repeals the readopted rule, this proposed revision prohibits the
313	court from further readopting the repealed rule without the
314	Legislature's prior approval. Under current law, rules of the
315	judicial nominating commissions and the Judicial Qualifications
316	Commission may be repealed by general law enacted by a majority
317	vote of the membership of each house of the Legislature. Under
318	this proposed revision, a vote to repeal those rules is changed
319	to repeal by general law enacted by a majority vote of the
320	legislators present.
321	Under current law, the Governor appoints a justice of the
322	Supreme Court from a list of nominees provided by a judicial
323	nominating commission, and appointments by the Governor are not
324	subject to confirmation. This revision requires Senate
325	confirmation of a justice of the Supreme Court before the
326	appointee can take office. If the Senate votes not to confirm
327	the appointment, the judicial nominating commission must
328	reconvene and may not renominate any person whose prior
329	appointment to fill the same vacancy was not confirmed by the
330	Senate. For the purpose of confirmation, the Senate may meet at
331	any time. If the Senate fails to vote on the appointment of a
332	justice within 90 days, the justice will be deemed confirmed and
333	will take office.
334	The Judicial Qualifications Commission is an independent
335	commission created by the State Constitution to investigate and
336	prosecute before the Florida Supreme Court alleged misconduct by
337	a justice or judge. Currently under the constitution, commission
338	proceedings are confidential until formal charges are filed by
339	the investigative panel of the commission. Once formal charges
340	are filed, the formal charges and all further proceedings of the
341	commission are public. Currently, the constitution authorizes
342	the House of Representatives to impeach a justice or judge.
343	Further, the Speaker of the House of Representatives may
344	request, and the Judicial Qualifications Commission must make
345	available, all information in the commission's possession for
346	use in deciding whether to impeach a justice or judge. This
347	proposed revision requires the commission to make all of its
348	files available to the Speaker of the House of Representatives
349	but provides that such files would remain confidential during
350	any investigation by the House of Representatives and until such
351	information is used in the pursuit of an impeachment of a
352	justice or judge. This revision also removes the power of the
353	Governor to request files of the Judicial Qualifications
354	Commission to conform to a prior constitutional change.
355	This revision also makes technical and clarifying additions
356	and deletions relating to the selection of chief judges of a
357	circuit and relating to the Judicial Qualifications Commission,
358	and makes other nonsubstantive conforming and technical changes
359	in the judicial article of the constitution.
360
361	BE IT FURTHER RESOLVED that the following statement be
362	placed on the ballot if a court declares the preceding statement
363	defective and the decision of the court is not reversed:
364	CONSTITUTIONAL AMENDMENT
365	ARTICLE V, SECTIONS 2, 11, AND 12
366	JUDICIARY.-Proposing a revision of the Judiciary Article of
367	the Florida Constitution; revising standards and procedures for
368	legislative repeal of a court rule and the Supreme Court's
369	readoption of a rule repealed by the Legislature; providing for
370	Senate confirmation of an appointment of a Supreme Court
371	justice; allowing the House of Representatives to review
372	confidential files of the Judicial Qualifications Commission
373	under any circumstances; providing that such files shall remain
374	confidential until the House of Representatives initiates
375	impeachment proceedings; and making other technical, clarifying,
376	and conforming revisions.
377
378	BE IT FURTHER RESOLVED that the following statement be
379	placed on the ballot if a court declares the preceding
380	statements defective and the decision of the court is not
381	reversed:
382	CONSTITUTIONAL AMENDMENT
383	ARTICLE V, SECTIONS 2, 11, AND 12
384	STATE COURTS.-Proposing a revision to Article V of the
385	State Constitution relating to the judiciary; changing the
386	authority of the Legislature to repeal a court rule by two-
387	thirds vote of the membership of each house to a simple majority
388	of each house; limiting the Supreme Court's ability to readopt a
389	rule repealed by the Legislature; requiring Senate confirmation
390	before a justice may take office; providing that if the Senate
391	does not act within 90 days the nominee is deemed confirmed as a
392	justice; allowing the Senate to meet outside of regular session
393	without having the House of Representatives convene at the same
394	time; deleting outdated references related to the Judicial
395	Qualifications Commission; requiring the Judicial Qualifications
396	Commission to provide the House of Representatives access to
397	records; providing for confidentiality of records provided to
398	the House of Representatives until impeachment is initiated;
399	making conforming and technical changes.
400
401	-----------------------------------------------------
402	T I T L E  A M E N D M E N T
403	Remove lines 431-444 and insert:
404	A joint resolution proposing a revision of Article V of
405	the State Constitution, relating to the judiciary,
406	consisting of amendments to Sections 2, 11, and 12 of
407	Article V of the State Constitution; revising provisions
408	relating to repeal of court rules; limiting readoption of
409	a repealed court rule; providing for Senate confirmation
410	of Supreme Court justices; requiring the Judicial
411	Qualifications Commission to make all of its files
412	available to the Speaker of the House of Representatives;
413	providing for confidentiality of records provided to the
414	House of Representatives until impeachment is initiated;
415	making other conforming and modernizing changes to the
416	State Constitution regarding the judicial branch.

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