HJR 7111

1	House Joint Resolution
2	A joint resolution proposing amendments to Sections 1, 2,
3	3, 4, 7, 8, 9, 11, 12, and 15 of Article V, Section 2 of
4	Article II, Sections 16, 17, and 19 of Article III,
5	Sections 1, 3, 4, 10, and 13 of Article IV, and Section 2
6	of Article XI, and the creation of Section 21 of Article
7	V, of the State Constitution to create a Supreme Court of
8	Civil Appeals and a Supreme Court of Criminal Appeals;
9	providing for administration of the courts; providing for
10	transition from the present Supreme Court.
11
12	Be It Resolved by the Legislature of the State of Florida:
13
14	That the following amendments to Sections 1, 2, 3, 4, 7, 8,
15	9, 11, 12, and 15 of Article V, Section 2 of Article II,
16	Sections 16, 17, and 19 of Article III, Sections 1, 3, 4, 10,
17	and 13 of Article IV, and Section 2 of Article XI, and the
18	creation of Section 21 of Article V, of the State Constitution
19	are agreed to and shall be submitted to the electors of this
20	state for approval or rejection at the next general election or
21	at an earlier special election specifically authorized by law
22	for that purpose:
23	ARTICLE V
24	JUDICIARY
25	SECTION 1.  Courts.-The judicial power shall be vested in a
26	supreme court of civil appeals, supreme court of criminal
27	appeals, district courts of appeal, circuit courts, and county
28	courts. No other courts may be established by the state, any
29	political subdivision, or any municipality. The legislature
30	shall, by general law, divide the state into appellate court
31	districts and judicial circuits following county lines.
32	Commissions established by law, or administrative officers or
33	bodies, may be granted quasi-judicial power in matters connected
34	with the functions of their offices. The legislature may
35	establish by general law a civil traffic hearing officer system
36	for the purpose of hearing civil traffic infractions. The
37	legislature may, by general law, authorize a military court-
38	martial to be conducted by military judges of the Florida
39	National Guard, with direct appeal of a decision to the District
40	Court of Appeal, First District.
41	SECTION 2.  Administration; practice and procedure.-
42	(a)  The supreme court of civil appeals shall adopt rules
43	for the practice and procedure in all civil court proceedings
44	and appeals. The supreme court of criminal appeals shall adopt
45	rules for the practice and procedure in all criminal court
46	proceedings and appeals. Court rules may include rules regarding
47	courts including the time for seeking appellate review, the
48	administrative supervision of all courts, the transfer to the
49	court having jurisdiction of any proceeding when the
50	jurisdiction of another court has been improvidently invoked,
51	and a requirement that no cause shall be dismissed because an
52	improper remedy has been sought. The supreme court of criminal
53	appeals shall adopt rules to allow it the court and the district
54	courts of appeal to submit questions relating to military law to
55	the federal Court of Appeals for the Armed Forces for an
56	advisory opinion. Rules of court may be repealed by general law
57	enacted by two-thirds vote of the membership of each house of
58	the legislature.
59	(b)  The chief justice of the supreme court of civil
60	appeals shall be chosen by the governor with the advice and
61	consent of the senate a majority of the members of the court;
62	shall be the chief administrative officer of the supreme court
63	of civil appeals judicial system; and shall have the power to
64	assign justices or judges, including consenting retired justices
65	or judges, to temporary duty in any court for which the judge is
66	qualified and to delegate to a chief judge of a judicial circuit
67	the power to assign judges for duty in that circuit. The chief
68	justice of the supreme court of criminal appeals shall be chosen
69	by the governor with the advice and consent of the senate and
70	shall be the chief administrative officer of the supreme court
71	of criminal appeals.
72	(c)  A chief judge for each district court of appeal shall
73	be chosen by a majority of the judges thereof or, if there is no
74	majority, by the chief justice. The chief judge of a district
75	court shall be responsible for the administrative supervision of
76	the district court.
77	(d)  A chief judge in each circuit shall be chosen from
78	among the circuit judges as provided by supreme court rule. The
79	chief judge of a circuit shall be responsible for the
80	administrative supervision of the circuit courts and county
81	courts in the his circuit.
82	(e)  Administration of the court system shall be as
83	provided in general law.
84	SECTION 3.  Supreme court of civil appeals; supreme court
85	of criminal appeals.-
86	(a)  SUPREME COURT OF CIVIL APPEALS.-
87	(1)(a)  Organization.-The supreme court of civil appeals
88	shall consist of five seven justices. Of the five seven
89	justices, each appellate district shall have at least one
90	justice elected or appointed from the district to the supreme
91	court of civil appeals who is a resident of the district at the
92	time of the original appointment or election. Four Five justices
93	shall constitute a quorum. The concurrence of three four
94	justices shall be necessary to a decision. When recusals for
95	cause would prohibit the court from convening because of the
96	requirements of this paragraph section, judges assigned to
97	temporary duty may be substituted for justices.
98	(2)(b)  Jurisdiction.-The supreme court of civil appeals
99	shall have jurisdiction over the civil law, as provided in
100	general law.:
101	(1)  Shall hear appeals from final judgments of trial
102	courts imposing the death penalty and from decisions of district
103	courts of appeal declaring invalid a state statute or a
104	provision of the state constitution.
105	(2)  When provided by general law, shall hear appeals from
106	final judgments entered in proceedings for the validation of
107	bonds or certificates of indebtedness and shall review action of
108	statewide agencies relating to rates or service of utilities
109	providing electric, gas, or telephone service.
110	(3)  May review any decision of a district court of appeal
111	that expressly declares valid a state statute, or that expressly
112	construes a provision of the state or federal constitution, or
113	that expressly affects a class of constitutional or state
114	officers, or that expressly and directly conflicts with a
115	decision of another district court of appeal or of the supreme
116	court on the same question of law.
117	(4)  May review any decision of a district court of appeal
118	that passes upon a question certified by it to be of great
119	public importance, or that is certified by it to be in direct
120	conflict with a decision of another district court of appeal.
121	(5)  May review any order or judgment of a trial court
122	certified by the district court of appeal in which an appeal is
123	pending to be of great public importance, or to have a great
124	effect on the proper administration of justice throughout the
125	state, and certified to require immediate resolution by the
126	supreme court.
127	(6)  May review a question of law certified by the Supreme
128	Court of the United States or a United States Court of Appeals
129	which is determinative of the cause and for which there is no
130	controlling precedent of the supreme court of Florida.
131	(7)  May issue writs of prohibition to courts and all writs
132	necessary to the complete exercise of its jurisdiction.
133	(8)  May issue writs of mandamus and quo warranto to state
134	officers and state agencies.
135	(9)  May, or any justice may, issue writs of habeas corpus
136	returnable before the supreme court or any justice, a district
137	court of appeal or any judge thereof, or any circuit judge.
138	(10)  Shall, when requested by the attorney general
139	pursuant to the provisions of Section 10 of Article IV, render
140	an advisory opinion of the justices, addressing issues as
141	provided by general law.
142	(b)  SUPREME COURT OF CRIMINAL APPEALS.-
143	(1)  Organization.-The supreme court of criminal appeals
144	shall consist of five justices. Of the five justices, each
145	appellate district shall have at least one justice appointed
146	from the district to the supreme court of criminal appeals who
147	is a resident of the district at the time of the original
148	appointment. Four justices shall constitute a quorum. The
149	concurrence of three justices shall be necessary to a decision.
150	When recusals for cause would prohibit the court from convening
151	because of the requirements of this paragraph, judges assigned
152	to temporary duty may be substituted for justices.
153	(2)  Jurisdiction.-The supreme court of criminal appeals
154	shall have jurisdiction over the criminal law, as provided in
155	general law.
156	(c)  RELATIONSHIP BETWEEN SUPREME COURTS.-The supreme court
157	of civil appeals and the supreme court of criminal appeals are
158	to be separate courts of last resort. All justices shall receive
159	the same compensation. If both courts assert jurisdiction over a
160	particular case, the chief justice of the court of civil appeals
161	shall decide where jurisdiction is appropriate.
162	(c)  CLERK AND MARSHAL.-The supreme court shall appoint a
163	clerk and a marshal who shall hold office during the pleasure of
164	the court and perform such duties as the court directs. Their
165	compensation shall be fixed by general law. The marshal shall
166	have the power to execute the process of the court throughout
167	the state, and in any county may deputize the sheriff or a
168	deputy sheriff for such purpose.
169	SECTION 4.  District courts of appeal.-
170	(a)  ORGANIZATION.-There shall be a district court of
171	appeal serving each appellate district. Each district court of
172	appeal shall consist of at least three judges. Three judges
173	shall consider each case and the concurrence of two shall be
174	necessary to a decision.
175	(b)  JURISDICTION.-
176	(1)  District courts of appeal shall have jurisdiction to
177	hear appeals, that may be taken as a matter of right, from final
178	judgments or orders of trial courts, including those entered on
179	review of administrative action, not directly appealable to the
180	supreme court of civil appeals, the supreme court of criminal
181	appeals, or a circuit court. They may review interlocutory
182	orders in such cases to the extent provided by court rule rules
183	adopted by the supreme court.
184	(2)  District courts of appeal shall have the power of
185	direct review of administrative action, as prescribed by general
186	law.
187	(3)  A district court of appeal or any judge thereof may
188	issue writs of habeas corpus returnable before the court or any
189	judge thereof or before any circuit judge within the territorial
190	jurisdiction of the court. A district court of appeal may issue
191	writs of mandamus, certiorari, prohibition, quo warranto, and
192	other writs necessary to the complete exercise of its
193	jurisdiction. To the extent necessary to dispose of all issues
194	in a cause properly before it, a district court of appeal may
195	exercise any of the appellate jurisdiction of the circuit
196	courts.
197	(c)  CLERKS AND MARSHALS.-Each district court of appeal
198	shall appoint a clerk and a marshal who shall hold office during
199	the pleasure of the court and perform such duties as the court
200	directs. Their compensation shall be fixed by general law. The
201	marshal shall have the power to execute the process of the court
202	throughout the territorial jurisdiction of the court, and in any
203	county may deputize the sheriff or a deputy sheriff for such
204	purpose.
205	SECTION 7.  Specialized divisions.-All courts except the
206	supreme court of civil appeals or the supreme court of criminal
207	appeals may sit in divisions as may be established by general
208	law. A circuit or county court may hold civil and criminal
209	trials and hearings in any place within the territorial
210	jurisdiction of the court as designated by the chief judge of
211	the circuit.
212	SECTION 8.  Eligibility.-No person shall be eligible for
213	office of justice or judge of any court unless the person is an
214	elector of the state and resides in the territorial jurisdiction
215	of the court. No justice or judge shall serve after attaining
216	the age of seventy years except upon temporary assignment or to
217	complete a term, one-half of which has been served. No person is
218	eligible for the office of justice of the supreme court of civil
219	appeals, justice of the supreme court of criminal appeals, or
220	judge of a district court of appeal unless the person is, and
221	has been for the preceding ten years, a member of the bar of
222	Florida. No person is eligible for the office of circuit judge
223	unless the person is, and has been for the preceding five years,
224	a member of the bar of Florida. Unless otherwise provided by
225	general law, no person is eligible for the office of county
226	court judge unless the person is, and has been for the preceding
227	five years, a member of the bar of Florida. Unless otherwise
228	provided by general law, a person shall be eligible for election
229	or appointment to the office of county court judge in a county
230	having a population of 40,000 or less if the person is a member
231	in good standing of the bar of Florida.
232	SECTION 9.  Determination of number of judges.-The supreme
233	courts court shall establish by rule uniform criteria for the
234	determination of the need for additional judges except supreme
235	court justices, the necessity for decreasing the number of
236	judges and for increasing, decreasing, or redefining appellate
237	districts and judicial circuits. If the supreme courts jointly
238	find court finds that a need exists for increasing or decreasing
239	the number of judges or increasing, decreasing, or redefining
240	appellate districts and judicial circuits, they it shall, prior
241	to the next regular session of the legislature, certify to the
242	legislature their its findings and recommendations concerning
243	such need. Upon receipt of such certificate, the legislature, at
244	the next regular session, shall consider the findings and
245	recommendations and may reject the recommendations or by law
246	implement the recommendations in whole or in part; provided the
247	legislature may create more judicial offices than are
248	recommended by the supreme court or may decrease the number of
249	judicial offices by a greater number than recommended by the
250	court only upon a finding of two-thirds of the membership of
251	both houses of the legislature, that such a need exists. A
252	decrease in the number of judges shall be effective only after
253	the expiration of a term. If the supreme courts fail court fails
254	to make findings as provided in this section above when need
255	exists, the legislature may by concurrent resolution request the
256	courts court to jointly certify their its findings and
257	recommendations and upon the failure of the courts court to
258	certify their its findings for nine consecutive months, the
259	legislature may, upon a finding of two-thirds of the membership
260	of both houses of the legislature that a need exists, increase
261	or decrease the number of judges or increase, decrease, or
262	redefine appellate districts and judicial circuits.
263	SECTION 11.  Vacancies.-
264	(a)  Whenever a vacancy occurs in a judicial office to
265	which election for retention applies, the governor shall fill
266	the vacancy by appointing for a term ending on the first Tuesday
267	after the first Monday in January of the year following the next
268	general election occurring at least one year after the date of
269	appointment, one of not fewer than three persons nor more than
270	six persons nominated by the appropriate judicial nominating
271	commission.
272	(b)  The governor shall fill each vacancy on a circuit
273	court or on a county court, wherein the judges are elected by a
274	majority vote of the electors, by appointing for a term ending
275	on the first Tuesday after the first Monday in January of the
276	year following the next primary and general election occurring
277	at least one year after the date of appointment, one of not
278	fewer than three persons nor more than six persons nominated by
279	the appropriate judicial nominating commission. An election
280	shall be held to fill that judicial office for the term of the
281	office beginning at the end of the appointed term.
282	(c)  The nominations shall be made within thirty days from
283	the occurrence of a vacancy unless the period is extended by the
284	governor for a time not to exceed thirty days. The governor
285	shall make the appointment within sixty days after the
286	nominations have been certified to the governor.
287	(d)  There shall be a separate judicial nominating
288	commission as provided by general law, one for the supreme
289	courts court, one for each district court of appeal, and one for
290	each judicial circuit for all trial courts within the circuit.
291	Uniform rules of procedure shall be established by the judicial
292	nominating commissions at each level of the court system. Such
293	rules, or any part thereof, may be repealed by general law
294	enacted by a majority vote of the membership of each house of
295	the legislature, or by a majority vote of justices of each of
296	the supreme courts court, five justices concurring. Except for
297	deliberations of the judicial nominating commissions, the
298	proceedings of the commissions and their records shall be open
299	to the public.
300	SECTION 12.  Discipline; removal and retirement.-
301	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
302	qualifications commission is created.
303	(1)  There shall be a judicial qualifications commission
304	vested with jurisdiction to investigate and recommend to the
305	supreme court of criminal appeals Supreme Court of Florida the
306	removal from office of any justice or judge whose conduct,
307	during term of office or otherwise, occurring on or after
308	November 1, 1966, (without regard to the effective date of this
309	section) demonstrates a present unfitness to hold office, and to
310	investigate and recommend the discipline of a justice or judge
311	whose conduct, during term of office or otherwise occurring on
312	or after November 1, 1966 (without regard to the effective date
313	of this section), warrants such discipline. For purposes of this
314	section, discipline is defined as any or all of the following:
315	reprimand, fine, suspension with or without pay, or lawyer
316	discipline. The commission shall have jurisdiction over justices
317	and judges regarding allegations that misconduct occurred before
318	or during service as a justice or judge if a complaint is made
319	no later than one year following service as a justice or judge.
320	The commission shall have jurisdiction regarding allegations of
321	incapacity during service as a justice or judge. The commission
322	shall be composed of:
323	a.  Two judges of district courts of appeal selected by the
324	judges of those courts, two circuit judges selected by the
325	judges of the circuit courts and two judges of county courts
326	selected by the judges of those courts;
327	b.  Four electors who reside in the state, who are members
328	of the bar of Florida, and who shall be chosen by the governing
329	body of the bar of Florida; and
330	c.  Five electors who reside in the state, who have never
331	held judicial office or been members of the bar of Florida, and
332	who shall be appointed by the governor.
333	(2)  The members of the judicial qualifications commission
334	shall serve staggered terms, not to exceed six years, as
335	prescribed by general law. No member of the commission except a
336	judge shall be eligible for state judicial office while acting
337	as a member of the commission and for a period of two years
338	thereafter. No member of the commission shall hold office in a
339	political party or participate in any campaign for judicial
340	office or hold public office; provided that a judge may campaign
341	for judicial office and hold that office. The commission shall
342	elect one of its members as its chairperson.
343	(3)  Members of the judicial qualifications commission not
344	subject to impeachment shall be subject to removal from the
345	commission pursuant to the provisions of Article IV, Section 7,
346	Florida Constitution.
347	(4)  The commission shall adopt rules regulating its
348	proceedings, the filling of vacancies by the appointing
349	authorities, the disqualification of members, the rotation of
350	members between the panels, and the temporary replacement of
351	disqualified or incapacitated members. The commission's rules,
352	or any part thereof, may be repealed by general law enacted by a
353	majority vote of the membership of each house of the
354	legislature, or by the supreme court of criminal appeals, five
355	justices concurring. The commission shall have power to issue
356	subpoenas. Until formal charges against a justice or judge are
357	filed by the investigative panel with the clerk of the supreme
358	court of criminal appeals, Florida all proceedings by or before
359	the commission shall be confidential; provided, however, upon a
360	finding of probable cause and the filing by the investigative
361	panel with said clerk of such formal charges against a justice
362	or judge such charges and all further proceedings before the
363	commission shall be public.
364	(5)  The commission shall have access to all information
365	from all executive, legislative and judicial agencies, including
366	grand juries, subject to the rules of the commission. At any
367	time, on request of the speaker of the house of representatives
368	or the governor, the commission shall make available all
369	information in the possession of the commission for use in
370	consideration of impeachment or suspension, respectively.
371	(b)  PANELS.-The commission shall be divided into an
372	investigative panel and a hearing panel as established by rule
373	of the commission. The investigative panel is vested with the
374	jurisdiction to receive or initiate complaints, conduct
375	investigations, dismiss complaints, and upon a vote of a simple
376	majority of the panel submit formal charges to the hearing
377	panel. The hearing panel is vested with the authority to receive
378	and hear formal charges from the investigative panel and upon a
379	two-thirds vote of the panel recommend to the supreme court of
380	criminal appeals the removal of a justice or judge or the
381	involuntary retirement of a justice or judge for any permanent
382	disability that seriously interferes with the performance of
383	judicial duties. Upon a simple majority vote of the membership
384	of the hearing panel, the panel may recommend to the supreme
385	court of criminal appeals that the justice or judge be subject
386	to appropriate discipline.
387	(c)  SUPREME COURT OF CRIMINAL APPEALS.-The supreme court
388	of criminal appeals shall receive recommendations from the
389	judicial qualifications commission's hearing panel.
390	(1)  The supreme court of criminal appeals may accept,
391	reject, or modify in whole or in part the findings, conclusions,
392	and recommendations of the commission and it may order that the
393	justice or judge be subjected to appropriate discipline, or be
394	removed from office with termination of compensation for willful
395	or persistent failure to perform judicial duties or for other
396	conduct unbecoming a member of the judiciary demonstrating a
397	present unfitness to hold office, or be involuntarily retired
398	for any permanent disability that seriously interferes with the
399	performance of judicial duties. Malafides, scienter or moral
400	turpitude on the part of a justice or judge shall not be
401	required for removal from office of a justice or judge whose
402	conduct demonstrates a present unfitness to hold office. After
403	the filing of a formal proceeding and upon request of the
404	investigative panel, the supreme court of criminal appeals may
405	suspend the justice or judge from office, with or without
406	compensation, pending final determination of the inquiry.
407	(2)  The supreme court of criminal appeals may award costs
408	to the prevailing party.
409	(d)  The power of removal conferred by this section shall
410	be both alternative and cumulative to the power of impeachment.
411	(e)  Notwithstanding any of the foregoing provisions of
412	this section, if the person who is the subject of proceedings by
413	the judicial qualifications commission is a justice of the
414	supreme court of criminal appeals, of Florida all justices of
415	such court automatically shall be disqualified to sit as
416	justices of such court with respect to all proceedings therein
417	concerning such person and the supreme court of civil appeals
418	shall hear the case for such purposes shall be composed of a
419	panel consisting of the seven chief judges of the judicial
420	circuits of the state of Florida most senior in tenure of
421	judicial office as circuit judge. For purposes of determining
422	seniority of such circuit judges in the event there be judges of
423	equal tenure in judicial office as circuit judge the judge or
424	judges from the lower numbered circuit or circuits shall be
425	deemed senior. In the event any such chief circuit judge is
426	under investigation by the judicial qualifications commission or
427	is otherwise disqualified or unable to serve on the panel, the
428	next most senior chief circuit judge or judges shall serve in
429	place of such disqualified or disabled chief circuit judge.
430	(f)  SCHEDULE TO SECTION 12.-
431	(1)  Except to the extent inconsistent with the provisions
432	of this section, all provisions of law and rules of court in
433	force on the effective date of this article shall continue in
434	effect until superseded in the manner authorized by the
435	constitution.
436	(2)  After this section becomes effective and until adopted
437	by rule of the commission consistent with it:
438	a.  The commission shall be divided, as determined by the
439	chairperson, into one investigative panel and one hearing panel
440	to meet the responsibilities set forth in this section.
441	b.  The investigative panel shall be composed of:
442	1.  Four judges,
443	2.  Two members of the bar of Florida, and
444	3.  Three non-lawyers.
445	c.  The hearing panel shall be composed of:
446	1.  Two judges,
447	2.  Two members of the bar of Florida, and
448	3.  Two non-lawyers.
449	d.  Membership on the panels may rotate in a manner
450	determined by the rules of the commission provided that no
451	member shall vote as a member of the investigative and hearing
452	panel on the same proceeding.
453	e.  The commission shall hire separate staff for each
454	panel.
455	f.  The members of the commission shall serve for staggered
456	terms of six years.
457	g.  The terms of office of the present members of the
458	judicial qualifications commission shall expire upon the
459	effective date of the amendments to this section approved by the
460	legislature during the regular session of the legislature in
461	1996 and new members shall be appointed to serve the following
462	staggered terms:
463	1.  Group I.-The terms of five members, composed of two
464	electors as set forth in s. 12(a)(1)c. of Article V, one member
465	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
466	V, one judge from the district courts of appeal and one circuit
467	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
468	on December 31, 1998.
469	2.  Group II.-The terms of five members, composed of one
470	elector as set forth in s. 12(a)(1)c. of Article V, two members
471	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
472	V, one circuit judge and one county judge as set forth in s.
473	12(a)(1)a. of Article V shall expire on December 31, 2000.
474	3.  Group III.-The terms of five members, composed of two
475	electors as set forth in s. 12(a)(1)c. of Article V, one member
476	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
477	from the district courts of appeal and one county judge as set
478	forth in s. 12(a)(1)a. of Article V, shall expire on December
479	31, 2002.
480	g.h.  An appointment to fill a vacancy of the commission
481	shall be for the remainder of the term.
482	h.i.  Selection of members by district courts of appeal
483	judges, circuit judges, and county court judges, shall be by no
484	less than a majority of the members voting at the respective
485	courts' conferences. Selection of members by the board of
486	governors of the bar of Florida shall be by no less than a
487	majority of the board.
488	i.j.  The commission shall be entitled to recover the costs
489	of investigation and prosecution, in addition to any penalty
490	levied by the supreme court of criminal appeals.
491	j.k.  The compensation of members and referees shall be the
492	travel expenses or transportation and per diem allowance as
493	provided by general law.
494	SECTION 15.  Attorneys; admission and discipline.-The
495	supreme court of civil appeals shall have exclusive jurisdiction
496	to regulate the admission of persons to the practice of law and
497	the discipline of persons admitted.
498	SECTION 21.  Schedule to Article V amendment creating a
499	supreme court of civil appeals and a supreme court of criminal
500	appeals.-
501	(a)  Except to the extent inconsistent with this article,
502	all provisions of law and rules of court in force on the
503	effective date of this article shall continue in effect until
504	superseded in the manner authorized by the constitution.
505	(b)  The effective date of the amendment creating the
506	supreme court of criminal appeals and supreme court of civil
507	appeals shall be upon passage by the electorate.
508	(1)  On the first day after the election approving the
509	amendment, the supreme court shall rank all of the justices then
510	in office by seniority in service on the supreme court. The
511	three who have the most seniority shall be the initial justices
512	of the supreme court of criminal appeals, and the remaining
513	justices shall be the initial justices of the supreme court of
514	civil appeals. Initial appointments of existing justices to
515	either of the new supreme courts shall not be limited by the
516	district court from which the justice was appointed. A justice
517	transferred to a new supreme court shall remain in the same term
518	of office that he or she had when he or she was a member of the
519	supreme court and shall sit for future retention elections on
520	the same cycle. The supreme court shall immediately transmit to
521	the Governor the names of the transferred justices and the
522	districts from which they were appointed. The Governor shall
523	direct the supreme court nominating commission to make its
524	recommendations for the open seats of justices for the supreme
525	court of civil appeals and for the supreme court of criminal
526	appeals, which recommendations must be delivered to the governor
527	no later than the 45th day after the election. The governor
528	shall make the appointments for the open seats by the 60th day
529	after the election. At the time of making the initial
530	appointments, the governor shall also designate the chief
531	justices of each court, which appointment in this instance shall
532	not be subject in the advice and consent of the senate.
533	(2)  The supreme court shall undertake to inventory all
534	cases and case files in its possession and determine as to each
535	case whether it is to be transferred to the supreme court of
536	criminal appeals or the supreme court of civil appeals. Newly
537	filed cases shall be designated between the two new supreme
538	courts. The supreme court shall retain full jurisdiction and
539	power over cases in the inventory until actually transferred,
540	including the power to issue final process that would have the
541	effect of removing the case from the inventory of cases to be
542	transferred.
543	(c)  The supreme court of civil appeals and the supreme
544	court of criminal appeals shall begin formal operations on the
545	120th day after the election. On that day:
546	(1)  Newly appointed justices shall take office.
547	(2)  The jurisdiction of the two supreme courts shall be
548	divided.
549	(3)  The supreme court shall transfer all criminal cases to
550	the supreme court of criminal appeals and shall transfer all
551	civil cases to the supreme court of civil appeals.
552	(4)  The term of the supreme court shall be deemed to have
553	ended. All mandates issued by the supreme court prior to the end
554	of the term shall be final and not subject to recall. No motion
555	for reconsideration shall be considered.
556	(d)  Until the jurisdiction of the supreme court of civil
557	appeals is provided by general law, the supreme court of civil
558	appeals:
559	(1)  Shall hear appeals from decisions of district courts
560	of appeal declaring invalid a state statute or a provision of
561	the state constitution, unless such appeal is within the
562	jurisdiction of the supreme court of criminal appeals.
563	(2)  When provided by general law, shall hear appeals from
564	final judgments entered in proceedings for the validation of
565	bonds or certificates of indebtedness and shall review action of
566	statewide agencies relating to rates or service of utilities
567	providing electric, gas, or telephone service.
568	(3)  May review any decision of a district court of appeal
569	that expressly declares valid a state statute, expressly
570	construes a provision of the state or federal constitution,
571	expressly affects a class of constitutional or state officers,
572	or expressly and directly conflicts with a decision of another
573	district court of appeal, any decision of the former supreme
574	court, or any decision of the supreme court of civil appeals on
575	the same question of law, unless such appeal is within the
576	jurisdiction of the supreme court of criminal appeals.
577	(4)  May review any decision of a district court of appeal
578	that passes upon a question certified by it to be of great
579	public importance, or that is certified by it to be in direct
580	conflict with a decision of another district court of appeal,
581	unless such appeal is within the jurisdiction of the supreme
582	court of criminal appeals.
583	(5)  May review any order or judgment of a trial court
584	certified by the district court of appeal in which an appeal is
585	pending to be of great public importance, or to have a great
586	effect on the proper administration of justice throughout the
587	state, and certified to require immediate resolution by the
588	supreme court of civil appeals, unless such appeal is within the
589	jurisdiction of the supreme court of criminal appeals.
590	(6)  May review a question of law certified by the Supreme
591	Court of the United States or a United States Court of Appeals
592	which is determinative of the cause and for which there is no
593	controlling precedent of the former supreme court of Florida or
594	of the supreme court of civil appeals, unless such question is
595	within the jurisdiction of the supreme court of criminal
596	appeals.
597	(7)  May issue writs of prohibition to courts and all writs
598	necessary to the complete exercise of its jurisdiction, unless
599	the writ is within the jurisdiction of the supreme court of
600	criminal appeals.
601	(8)  May issue writs of mandamus and quo warranto to state
602	officers and state agencies, unless the writ is within the
603	jurisdiction of the supreme court of criminal appeals.
604	(9)  May, or any justice may, issue writs of habeas corpus
605	returnable before the supreme court of civil appeals or any
606	justice thereof, a district court of appeal or any judge
607	thereof, or any circuit judge. Neither the supreme court of
608	civil appeals nor any justice of the supreme court of civil
609	appeals shall issue a writ of habeas corpus regarding any person
610	under a sentence of death, any person imprisoned for commission
611	of a crime, or any person jailed facing criminal charges.
612	(10)  Shall, when requested by the attorney general
613	pursuant to Section 10 of Article IV and, if related to a civil
614	matter, render an advisory opinion of the justices, addressing
615	issues as provided by general law.
616	(11)  Shall have no jurisdiction or authority, whether
617	express or implied, to issue a stay of execution or to hear any
618	challenge of any law or procedure regarding the death penalty.
619	(e)  Until the jurisdiction of the supreme court of
620	criminal appeals is provided by general law, the supreme court
621	of criminal appeals:
622	(1)  Shall hear appeals from final judgments of trial
623	courts imposing the death penalty.
624	(2)  Shall hear appeals from decisions of district courts
625	of appeal declaring invalid a state statute or a provision of
626	the state constitution, in a criminal case.
627	(3)  May review any decision of a district court of appeal
628	that expressly declares valid a state statute, expressly
629	construes a provision of the state or federal constitution,
630	expressly affects a class of constitutional or state officers,
631	or expressly and directly conflicts with a decision of another
632	district court of appeal or any decision of the supreme court of
633	criminal appeals on the same question of law, in a criminal
634	case.
635	(4)  May review any decision of a district court of appeal
636	that passes upon a question certified by it to be of great
637	public importance, or that is certified by it to be in direct
638	conflict with a decision of another district court of appeal, in
639	a criminal case.
640	(5)  May review any order or judgment of a trial court
641	certified by the district court of appeal in which an appeal is
642	pending to be of great public importance, or to have a great
643	effect on the proper administration of justice throughout the
644	state, and certified to require immediate resolution by the
645	supreme court of criminal appeals, in a criminal case.
646	(6)  May review a question of law certified by the Supreme
647	Court of the United States or a United States Court of Appeals
648	which is determinative of the cause and for which there is no
649	controlling precedent of the former supreme court or the supreme
650	court of criminal appeals, in a criminal case.
651	(7)  May issue writs of prohibition to courts and all writs
652	necessary to the complete exercise of its jurisdiction, related
653	to a criminal case.
654	(8)  May issue writs of mandamus and quo warranto to state
655	officers and state agencies, related to a criminal case.
656	(9)  May, or any justice may, issue writs of habeas corpus
657	returnable before the supreme court of criminal appeals or any
658	justice thereof, a district court of appeal or any judge
659	thereof, or any circuit judge. The power to issue a writ of
660	habeas corpus under this paragraph applies to any person under a
661	sentence of death, any person imprisoned for commission of a
662	crime, any person jailed facing criminal charges, or any person
663	who cannot seek the writ from the supreme court of civil appeals
664	because the supreme court of civil appeals lacks jurisdiction.
665	Neither the supreme court of criminal appeals nor any justice of
666	the supreme court of criminal appeals shall issue a writ of
667	habeas corpus regarding any person held in civil confinement.
668	(10)  Shall, when requested by the attorney general
669	pursuant to Section 10 of Article IV and, if related to a
670	criminal case, render an advisory opinion of the justices,
671	addressing issues as provided by general law.
672	(11)  May hear any challenge to the constitutionality of
673	the death penalty, any challenge to the method of carrying out
674	the death penalty, or any request for a stay of a death penalty.
675	(f)  For purposes of interpreting the jurisdiction of the
676	supreme court of civil appeals and the supreme court of criminal
677	appeals, unless changed by general law:
678	(1)  The term "criminal case" means any case or controversy
679	primarily involving the commission of a felony or misdemeanor.
680	It shall also mean any case or controversy involving criminal
681	law, criminal penalties, criminal procedure, or any related
682	action regarding the interpretation of or resolution of matters
683	directly affecting the criminal law. Criminal cases are within
684	the jurisdiction of the supreme court of criminal appeals.
685	(2)  A tort or contract case or controversy alleging civil
686	damages resulting from criminal activity is not a criminal case.
687	(3)  Confinement for the purpose of evaluation and
688	treatment of a mentally ill person is not a criminal case unless
689	the confinement is related to the commission of a criminal
690	offense by an adult.
691	(4)  Confinement related to contempt of court is a civil
692	case even if the contempt occurred during a criminal case.
693	(5)  Jurisdiction over juvenile delinquency shall be with
694	the supreme court of civil appeals.
695	(6)  Equitable relief related to the criminal law,
696	including where a party seeks to enjoin application of a
697	criminal penalty, shall be within the jurisdiction of the
698	supreme court of criminal appeals.
699	(g)  The Florida Rules of Criminal Procedure, as adopted
700	and amended as of the date that the supreme court of criminal
701	appeals begins operation, shall be in full force and effect as
702	if adopted by the supreme court of criminal appeals, subject to
703	amendment or repeal. The Florida Rules of Appellate Procedure,
704	as amended and adopted as of the date that the supreme court of
705	criminal appeals begins operation, shall apply in criminal
706	appeals, subject to adoption by the supreme court of criminal
707	appeals of appellate rules applicable to criminal appeals. All
708	other court rules shall be in full force and effect as if
709	adopted by the supreme court of civil appeals, subject to
710	amendment or repeal.
711	(h)  The legislature may by general law otherwise provide
712	for the administrative transfer of employees, property, duties,
713	and functions from the former supreme court to the supreme court
714	of civil appeals and the supreme court of criminal appeals.
715	(i)  The legislature shall have power, by concurrent
716	resolution, to delete from this article any subsection of this
717	section 21, including this subsection, when all events to which
718	the subsection to be deleted is or could become applicable have
719	occurred.
720	ARTICLE II
721	GENERAL PROVISIONS
722	SECTION 2.  Seat of government.-The seat of government
723	shall be the City of Tallahassee, in Leon County, where the
724	offices of the governor, lieutenant governor, cabinet members,
725	and the supreme court of civil appeals, and the supreme court of
726	criminal appeals shall be maintained and the sessions of the
727	legislature shall be held; provided that, in time of invasion or
728	grave emergency, the governor by proclamation may for the period
729	of the emergency transfer the seat of government to another
730	place.
731	ARTICLE III
732	LEGISLATURE
733	SECTION 16.  Legislative apportionment.-
734	(a)  SENATORIAL AND REPRESENTATIVE DISTRICTS.-The
735	legislature at its regular session in the second year following
736	each decennial census, by joint resolution, shall apportion the
737	state in accordance with the constitution of the state and of
738	the United States into not less than thirty nor more than forty
739	consecutively numbered senatorial districts of either
740	contiguous, overlapping, or identical territory, and into not
741	less than eighty nor more than one hundred twenty consecutively
742	numbered representative districts of either contiguous,
743	overlapping, or identical territory. Should that session adjourn
744	without adopting such joint resolution, the governor by
745	proclamation shall reconvene the legislature within thirty days
746	in special apportionment session which shall not exceed thirty
747	consecutive days, during which no other business shall be
748	transacted, and it shall be the mandatory duty of the
749	legislature to adopt a joint resolution of apportionment.
750	(b)  FAILURE OF LEGISLATURE TO APPORTION; JUDICIAL
751	REAPPORTIONMENT.-In the event a special apportionment session of
752	the legislature finally adjourns without adopting a joint
753	resolution of apportionment, the attorney general shall, within
754	five days, petition the supreme court of civil appeals the state
755	to make such apportionment. No later than the sixtieth day after
756	the filing of such petition, the supreme court of civil appeals
757	shall file with the custodian of state records an order making
758	such apportionment.
759	(c)  JUDICIAL REVIEW OF APPORTIONMENT.-Within fifteen days
760	after the passage of the joint resolution of apportionment, the
761	attorney general shall petition the supreme court of civil
762	appeals the state for a declaratory judgment determining the
763	validity of the apportionment. The supreme court of civil
764	appeals, in accordance with the applicable its rules, shall
765	permit adversary interests to present their views and, within
766	thirty days from the filing of the petition, shall enter its
767	judgment.
768	(d)  EFFECT OF JUDGMENT IN APPORTIONMENT; EXTRAORDINARY
769	APPORTIONMENT SESSION.-A judgment of the supreme court of civil
770	appeals the state determining the apportionment to be valid
771	shall be binding upon all the citizens of the state. Should the
772	supreme court of civil appeals determine that the apportionment
773	made by the legislature is invalid, the governor by proclamation
774	shall reconvene the legislature within five days thereafter in
775	extraordinary apportionment session which shall not exceed
776	fifteen days, during which the legislature shall adopt a joint
777	resolution of apportionment conforming to the judgment of the
778	supreme court of civil appeals.
779	(e)  EXTRAORDINARY APPORTIONMENT SESSION; REVIEW OF
780	APPORTIONMENT.-Within fifteen days after the adjournment of an
781	extraordinary apportionment session, the attorney general shall
782	file a petition in the supreme court of civil appeals the state
783	setting forth the apportionment resolution adopted by the
784	legislature, or if none has been adopted reporting that fact to
785	the court. Consideration of the validity of a joint resolution
786	of apportionment shall be had as provided for in cases of such
787	joint resolution adopted at a regular or special apportionment
788	session.
789	(f)  JUDICIAL REAPPORTIONMENT.-Should an extraordinary
790	apportionment session fail to adopt a resolution of
791	apportionment or should the supreme court of civil appeals
792	determine that the apportionment made is invalid, the supreme
793	court of civil appeals shall, not later than sixty days after
794	receiving the petition of the attorney general, file with the
795	custodian of state records an order making such apportionment.
796	SECTION 17.  Impeachment.-
797	(a)  The governor, lieutenant governor, members of the
798	cabinet, justices of a the supreme court, judges of district
799	courts of appeal, judges of circuit courts, and judges of county
800	courts shall be liable to impeachment for misdemeanor in office.
801	The house of representatives by two-thirds vote shall have the
802	power to impeach an officer. The speaker of the house of
803	representatives shall have power at any time to appoint a
804	committee to investigate charges against any officer subject to
805	impeachment.
806	(b)  An officer impeached by the house of representatives
807	shall be disqualified from performing any official duties until
808	acquitted by the senate, and, unless impeached, the governor may
809	by appointment fill the office until completion of the trial.
810	(c)  All impeachments by the house of representatives shall
811	be tried by the senate. The chief justice of the supreme court
812	of criminal appeals, or another justice of either supreme court
813	designated by the chief justice of the supreme court of criminal
814	appeals, shall preside at the trial, except in a trial of the
815	chief justice of either supreme court, in which case the
816	governor shall preside. The senate shall determine the time for
817	the trial of any impeachment and may sit for the trial whether
818	the house of representatives be in session or not. The time
819	fixed for trial shall not be more than six months after the
820	impeachment. During an impeachment trial senators shall be upon
821	their oath or affirmation. No officer shall be convicted without
822	the concurrence of two-thirds of the members of the senate
823	present. Judgment of conviction in cases of impeachment shall
824	remove the offender from office and, in the discretion of the
825	senate, may include disqualification to hold any office of
826	honor, trust, or profit. Conviction or acquittal shall not
827	affect the civil or criminal responsibility of the officer.
828	SECTION 19.  State Budgeting, Planning, and Appropriations
829	Processes.-
830	(a)  ANNUAL BUDGETING.-
831	(1)  General law shall prescribe the adoption of annual
832	state budgetary and planning processes and require that detail
833	reflecting the annualized costs of the state budget and
834	reflecting the nonrecurring costs of the budget requests shall
835	accompany state department and agency legislative budget
836	requests, the governor's recommended budget, and appropriation
837	bills.
838	(2)  Unless approved by a three-fifths vote of the
839	membership of each house, appropriations made for recurring
840	purposes from nonrecurring general revenue funds for any fiscal
841	year shall not exceed three percent of the total general revenue
842	funds estimated to be available at the time such appropriation
843	is made.
844	(3)  As prescribed by general law, each state department
845	and agency shall be required to submit a legislative budget
846	request that is based upon and that reflects the long-range
847	financial outlook adopted by the joint legislative budget
848	commission or that specifically explains any variance from the
849	long-range financial outlook contained in the request.
850	(4)  For purposes of this section, the terms department and
851	agency shall include the judicial branch.
852	(b)  APPROPRIATION BILLS FORMAT.-Separate sections within
853	the general appropriation bill shall be used for each major
854	program area of the state budget; major program areas shall
855	include: education enhancement "lottery" trust fund items;
856	education (all other funds); human services; criminal justice
857	and corrections; natural resources, environment, growth
858	management, and transportation; general government; and judicial
859	branch. Each major program area shall include an itemization of
860	expenditures for: state operations; state capital outlay; aid to
861	local governments and nonprofit organizations operations; aid to
862	local governments and nonprofit organizations capital outlay;
863	federal funds and the associated state matching funds; spending
864	authorizations for operations; and spending authorizations for
865	capital outlay. Additionally, appropriation bills passed by the
866	legislature shall include an itemization of specific
867	appropriations that exceed one million dollars ($1,000,000.00)
868	in 1992 dollars. For purposes of this subsection, "specific
869	appropriation," "itemization," and "major program area" shall be
870	defined by law. This itemization threshold shall be adjusted by
871	general law every four years to reflect the rate of inflation or
872	deflation as indicated in the Consumer Price Index for All Urban
873	Consumers, U.S. City Average, All Items, or successor reports as
874	reported by the United States Department of Labor, Bureau of
875	Labor Statistics or its successor. Substantive bills containing
876	appropriations shall also be subject to the itemization
877	requirement mandated under this provision and shall be subject
878	to the governor's specific appropriation veto power described in
879	Article III, Section 8.
880	(c)  APPROPRIATIONS PROCESS.-
881	(1)  No later than September 15 of each year, the joint
882	legislative budget commission shall issue a long-range financial
883	outlook setting out recommended fiscal strategies for the state
884	and its departments and agencies in order to assist the
885	legislature in making budget decisions. The long-range financial
886	outlook must include major workload and revenue estimates. In
887	order to implement this paragraph, the joint legislative budget
888	commission shall use current official consensus estimates and
889	may request the development of additional official estimates.
890	(2)  The joint legislative budget commission shall seek
891	input from the public and from the executive and judicial
892	branches when developing and recommending the long-range
893	financial outlook.
894	(3)  The legislature shall prescribe by general law
895	conditions under which limited adjustments to the budget, as
896	recommended by the governor or the chief justice of the supreme
897	court of civil appeals, may be approved without the concurrence
898	of the full legislature.
899	(d)  SEVENTY-TWO HOUR PUBLIC REVIEW PERIOD.-All general
900	appropriation bills shall be furnished to each member of the
901	legislature, each member of the cabinet, the governor, and the
902	chief justice of the supreme court of civil appeals at least
903	seventy-two hours before final passage by either house of the
904	legislature of the bill in the form that will be presented to
905	the governor.
906	(e)  FINAL BUDGET REPORT.-A final budget report shall be
907	prepared as prescribed by general law. The final budget report
908	shall be produced no later than the 120th day after the
909	beginning of the fiscal year, and copies of the report shall be
910	furnished to each member of the legislature, the head of each
911	department and agency of the state, the auditor general, and the
912	chief justice of the supreme court of civil appeals.
913	(f)  TRUST FUNDS.-
914	(1)  No trust fund of the State of Florida or other public
915	body may be created or re-created by law without a three-fifths
916	vote of the membership of each house of the legislature in a
917	separate bill for that purpose only.
918	(2)  State trust funds shall terminate not more than four
919	years after the effective date of the act authorizing the
920	initial creation of the trust fund. By law the legislature may
921	set a shorter time period for which any trust fund is
922	authorized.
923	(3)  Trust funds required by federal programs or mandates;
924	trust funds established for bond covenants, indentures, or
925	resolutions, whose revenues are legally pledged by the state or
926	public body to meet debt service or other financial requirements
927	of any debt obligations of the state or any public body; the
928	state transportation trust fund; the trust fund containing the
929	net annual proceeds from the Florida Education Lotteries; the
930	Florida retirement trust fund; trust funds for institutions
931	under the management of the Board of Governors, where such trust
932	funds are for auxiliary enterprises and contracts, grants, and
933	donations, as those terms are defined by general law; trust
934	funds that serve as clearing funds or accounts for the chief
935	financial officer or state agencies; trust funds that account
936	for assets held by the state in a trustee capacity as an agent
937	or fiduciary for individuals, private organizations, or other
938	governmental units; and other trust funds authorized by this
939	Constitution, are not subject to the requirements set forth in
940	paragraph (2) of this subsection.
941	(4)  All cash balances and income of any trust funds
942	abolished under this subsection shall be deposited into the
943	general revenue fund.
944	(g)  BUDGET STABILIZATION FUND.-Subject to the provisions
945	of this subsection, an amount equal to at least 5% of the last
946	completed fiscal year's net revenue collections for the general
947	revenue fund shall be retained in the budget stabilization fund.
948	The budget stabilization fund's principal balance shall not
949	exceed an amount equal to 10% of the last completed fiscal
950	year's net revenue collections for the general revenue fund. The
951	legislature shall provide criteria for withdrawing funds from
952	the budget stabilization fund in a separate bill for that
953	purpose only and only for the purpose of covering revenue
954	shortfalls of the general revenue fund or for the purpose of
955	providing funding for an emergency, as defined by general law.
956	General law shall provide for the restoration of this fund. The
957	budget stabilization fund shall be comprised of funds not
958	otherwise obligated or committed for any purpose.
959	(h)  LONG-RANGE STATE PLANNING DOCUMENT AND DEPARTMENT AND
960	AGENCY PLANNING DOCUMENT PROCESSES.-General law shall provide
961	for a long-range state planning document. The governor shall
962	recommend to the legislature biennially any revisions to the
963	long-range state planning document, as defined by law. General
964	law shall require a biennial review and revision of the long-
965	range state planning document and shall require all departments
966	and agencies of state government to develop planning documents
967	that identify statewide strategic goals and objectives,
968	consistent with the long-range state planning document. The
969	long-range state planning document and department and agency
970	planning documents shall remain subject to review and revision
971	by the legislature. The long-range state planning document must
972	include projections of future needs and resources of the state
973	which are consistent with the long-range financial outlook. The
974	department and agency planning documents shall include a
975	prioritized listing of planned expenditures for review and
976	possible reduction in the event of revenue shortfalls, as
977	defined by general law.
978	(i)  GOVERNMENT EFFICIENCY TASK FORCE.-No later than
979	January of 2007, and each fourth year thereafter, the president
980	of the senate, the speaker of the house of representatives, and
981	the governor shall appoint a government efficiency task force,
982	the membership of which shall be established by general law. The
983	task force shall be composed of members of the legislature and
984	representatives from the private and public sectors who shall
985	develop recommendations for improving governmental operations
986	and reducing costs. Staff to assist the task force in performing
987	its duties shall be assigned by general law, and the task force
988	may obtain assistance from the private sector. The task force
989	shall complete its work within one year and shall submit its
990	recommendations to the joint legislative budget commission, the
991	governor, and the chief justice of the supreme court of civil
992	appeals.
993	(j)  JOINT LEGISLATIVE BUDGET COMMISSION.-There is created
994	within the legislature the joint legislative budget commission
995	composed of equal numbers of senate members appointed by the
996	president of the senate and house members appointed by the
997	speaker of the house of representatives. Each member shall serve
998	at the pleasure of the officer who appointed the member. A
999	vacancy on the commission shall be filled in the same manner as
1000	the original appointment. From November of each odd-numbered
1001	year through October of each even-numbered year, the chairperson
1002	of the joint legislative budget commission shall be appointed by
1003	the president of the senate and the vice chairperson of the
1004	commission shall be appointed by the speaker of the house of
1005	representatives. From November of each even-numbered year
1006	through October of each odd-numbered year, the chairperson of
1007	the joint legislative budget commission shall be appointed by
1008	the speaker of the house of representatives and the vice
1009	chairperson of the commission shall be appointed by the
1010	president of the senate. The joint legislative budget commission
1011	shall be governed by the joint rules of the senate and the house
1012	of representatives, which shall remain in effect until repealed
1013	or amended by concurrent resolution. The commission shall
1014	convene at least quarterly and shall convene at the call of the
1015	president of the senate and the speaker of the house of
1016	representatives. A majority of the commission members of each
1017	house plus one additional member from either house constitutes a
1018	quorum. Action by the commission requires a majority vote of the
1019	commission members present of each house. The commission may
1020	conduct its meetings through teleconferences or similar means.
1021	In addition to the powers and duties specified in this
1022	subsection, the joint legislative budget commission shall
1023	exercise all other powers and perform any other duties not in
1024	conflict with paragraph (c)(3) and as prescribed by general law
1025	or joint rule.
1026	ARTICLE IV
1027	EXECUTIVE
1028	SECTION 1.  Governor.-
1029	(a)  The supreme executive power shall be vested in a
1030	governor, who shall be commander-in-chief of all military forces
1031	of the state not in active service of the United States. The
1032	governor shall take care that the laws be faithfully executed,
1033	commission all officers of the state and counties, and transact
1034	all necessary business with the officers of government. The
1035	governor may require information in writing from all executive
1036	or administrative state, county or municipal officers upon any
1037	subject relating to the duties of their respective offices. The
1038	governor shall be the chief administrative officer of the state
1039	responsible for the planning and budgeting for the state.
1040	(b)  The governor may initiate judicial proceedings in the
1041	name of the state against any executive or administrative state,
1042	county or municipal officer to enforce compliance with any duty
1043	or restrain any unauthorized act.
1044	(c)  The governor may request in writing the opinion of the
1045	justices of the appropriate supreme court as to the
1046	interpretation of any portion of this constitution upon any
1047	question affecting the governor's executive powers and duties.
1048	The justices shall, subject to their rules of procedure, permit
1049	interested persons to be heard on the questions presented and
1050	shall render their written opinion not earlier than ten days
1051	from the filing and docketing of the request, unless in their
1052	judgment the delay would cause public injury.
1053	(d)  The governor shall have power to call out the militia
1054	to preserve the public peace, execute the laws of the state,
1055	suppress insurrection, or repel invasion.
1056	(e)  The governor shall by message at least once in each
1057	regular session inform the legislature concerning the condition
1058	of the state, propose such reorganization of the executive
1059	department as will promote efficiency and economy, and recommend
1060	measures in the public interest.
1061	(f)  When not otherwise provided for in this constitution,
1062	the governor shall fill by appointment any vacancy in state or
1063	county office for the remainder of the term of an appointive
1064	office, and for the remainder of the term of an elective office
1065	if less than twenty-eight months, otherwise until the first
1066	Tuesday after the first Monday following the next general
1067	election.
1068	SECTION 3.  Succession to office of governor; acting
1069	governor.-
1070	(a)  Upon vacancy in the office of governor, the lieutenant
1071	governor shall become governor. Further succession to the office
1072	of governor shall be prescribed by law. A successor shall serve
1073	for the remainder of the term.
1074	(b)  Upon impeachment of the governor and until completion
1075	of trial thereof, or during the governor's physical or mental
1076	incapacity, the lieutenant governor shall act as governor.
1077	Further succession as acting governor shall be prescribed by
1078	law. Incapacity to serve as governor may be determined by the
1079	supreme court of civil appeals upon due notice after docketing
1080	of a written suggestion thereof by three cabinet members, and in
1081	such case restoration of capacity shall be similarly determined
1082	after docketing of written suggestion thereof by the governor,
1083	the legislature or three cabinet members. Incapacity to serve as
1084	governor may also be established by certificate filed with the
1085	custodian of state records by the governor declaring incapacity
1086	for physical reasons to serve as governor, and in such case
1087	restoration of capacity shall be similarly established.
1088	SECTION 4.  Cabinet.-
1089	(a)  There shall be a cabinet composed of an attorney
1090	general, a chief financial officer, and a commissioner of
1091	agriculture. In addition to the powers and duties specified
1092	herein, they shall exercise such powers and perform such duties
1093	as may be prescribed by law. In the event of a tie vote of the
1094	governor and cabinet, the side on which the governor voted shall
1095	be deemed to prevail.
1096	(b)  The attorney general shall be the chief state legal
1097	officer. There is created in the office of the attorney general
1098	the position of statewide prosecutor. The statewide prosecutor
1099	shall have concurrent jurisdiction with the state attorneys to
1100	prosecute violations of criminal laws occurring or having
1101	occurred, in two or more judicial circuits as part of a related
1102	transaction, or when any such offense is affecting or has
1103	affected two or more judicial circuits as provided by general
1104	law. The statewide prosecutor shall be appointed by the attorney
1105	general from not less than three persons nominated by the
1106	judicial nominating commission for the supreme courts court, or
1107	as otherwise provided by general law.
1108	(c)  The chief financial officer shall serve as the chief
1109	fiscal officer of the state, and shall settle and approve
1110	accounts against the state, and shall keep all state funds and
1111	securities.
1112	(d)  The commissioner of agriculture shall have supervision
1113	of matters pertaining to agriculture except as otherwise
1114	provided by law.
1115	(e)  The governor as chair, the chief financial officer,
1116	and the attorney general shall constitute the state board of
1117	administration, which shall succeed to all the power, control,
1118	and authority of the state board of administration established
1119	pursuant to Article IX, Section 16 of the Constitution of 1885,
1120	and which shall continue as a body at least for the life of
1121	Article XII, Section 9(c).
1122	(f)  The governor as chair, the chief financial officer,
1123	the attorney general, and the commissioner of agriculture shall
1124	constitute the trustees of the internal improvement trust fund
1125	and the land acquisition trust fund as provided by law.
1126	(g)  The governor as chair, the chief financial officer,
1127	the attorney general, and the commissioner of agriculture shall
1128	constitute the agency head of the Department of Law Enforcement.
1129	SECTION 10.  Attorney General.-The attorney general shall,
1130	as directed by general law, request the opinion of the justices
1131	of the supreme court of civil appeals as to the validity of any
1132	initiative petition circulated pursuant to Section 3 of Article
1133	XI. The justices shall, subject to their rules of procedure,
1134	permit interested persons to be heard on the questions presented
1135	and shall render their written opinion no later than April 1 of
1136	the year in which the initiative is to be submitted to the
1137	voters pursuant to Section 5 of Article XI.
1138	SECTION 13.  Revenue Shortfalls.-In the event of revenue
1139	shortfalls, as defined by general law, the governor and cabinet
1140	may establish all necessary reductions in the state budget in
1141	order to comply with the provisions of Article VII, Section
1142	1(d). The governor and cabinet shall implement all necessary
1143	reductions for the executive budget, the chief justice of the
1144	supreme court of civil appeals shall implement all necessary
1145	reductions for the judicial budget, and the speaker of the house
1146	of representatives and the president of the senate shall
1147	implement all necessary reductions for the legislative budget.
1148	Budget reductions pursuant to this section shall be consistent
1149	with the provisions of Article III, Section 19(h).
1150	ARTICLE XI
1151	AMENDMENTS
1152	SECTION 2.  Revision commission.-
1153	(a)  Within thirty days before the convening of the 2017
1154	regular session of the legislature, and each twentieth year
1155	thereafter, there shall be established a constitution revision
1156	commission composed of the following thirty-seven members:
1157	(1)  the attorney general of the state;
1158	(2)  fifteen members selected by the governor;
1159	(3)  nine members selected by the speaker of the house of
1160	representatives and nine members selected by the president of
1161	the senate; and
1162	(4)  three members selected jointly by the chief justices
1163	justice of the supreme courts court of Florida with the advice
1164	of the justices.
1165	(b)  The governor shall designate one member of the
1166	commission as its chair. Vacancies in the membership of the
1167	commission shall be filled in the same manner as the original
1168	appointments.
1169	(c)  Each constitution revision commission shall convene at
1170	the call of its chair, adopt its rules of procedure, examine the
1171	constitution of the state, hold public hearings, and, not later
1172	than one hundred eighty days prior to the next general election,
1173	file with the custodian of state records its proposal, if any,
1174	of a revision of this constitution or any part of it.
1175	BE IT FURTHER RESOLVED that the following statement be
1176	placed on the ballot:
1177	CONSTITUTIONAL AMENDMENT
1178	ARTICLE II, SECTION 2
1179	ARTICLE III, SECTIONS 16, 17, AND 19
1180	ARTICLE IV, SECTIONS 1, 3, 4, 10, AND 13
1181	ARTICLE V, SECTIONS 1, 2, 3, 4, 7, 8, 9, 11, 12, 15, AND 21
1182	ARTICLE XI, SECTION 2
1183	SUPREME COURT.-Proposing an amendment to the State
1184	Constitution to create a Supreme Court of Civil Appeals and a
1185	Supreme Court of Criminal Appeals. Under current law, the
1186	Florida Supreme Court, consisting of seven appointed justices,
1187	is the highest court in Florida, hearing both civil and criminal
1188	cases. This amendment would abolish the current Supreme Court
1189	and create a new Supreme Court of Civil Appeals and a new
1190	Supreme Court of Criminal Appeals. Each of the new supreme
1191	courts would have five appointed justices. The three most senior
1192	justices of the Florida Supreme Court would be transferred to
1193	the new Supreme Court of Criminal Appeals, the remaining four
1194	current justices of the Florida Supreme Court would be
1195	transferred to the new Supreme Court of Civil Appeals, and the
1196	Governor will have to appoint three new justices to fill the
1197	remaining openings in the two courts. The existing constitution
1198	creates the jurisdiction of the Supreme Court, which
1199	jurisdiction can only be changed by constitutional amendment.
1200	This proposed amendment splits the jurisdiction between the two
1201	supreme courts to provide that the Supreme Court of Civil
1202	Appeals will have jurisdiction over civil matters and the
1203	Supreme Court of Criminal Appeals will have jurisdiction over
1204	criminal matters. This amendment also provides that the
1205	jurisdictions of the supreme courts will be set in general law
1206	in the future and, therefore, may be changed by general law in
1207	the future. The power of the new courts to issue a writ of
1208	habeas corpus is limited by this amendment. Currently, the
1209	Florida Supreme Court has jurisdiction over judicial discipline
1210	and the regulation of attorneys. This amendment places
1211	jurisdiction over judicial discipline with the Supreme Court of
1212	Criminal Appeals and jurisdiction over attorney regulation with
1213	the Supreme Court of Civil Appeals. This proposed amendment also
1214	creates a position of chief justice in each of the supreme
1215	courts, removes the positions of clerk and marshal from the
1216	constitution, provides for transition, and makes conforming
1217	changes in multiple sections of the constitution.

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