CS/HJR 7111

1	House Joint Resolution
2	A joint resolution proposing a revision of Article V of
3	the State Constitution, relating to the judiciary,
4	consisting of amendments to Sections 2, 3, 4, 7, 11, 12,
5	and 14 of Article V, and the creation of Section 21 of
6	Article V, of the State Constitution to divide the current
7	Supreme Court into two divisions, one hearing civil cases
8	and the other hearing criminal cases; providing for
9	administration of the divisions; defining the jurisdiction
10	of the divisions; providing for transition from the
11	present Supreme Court; revising provisions relating to
12	repeal of court rules; limiting readoption of a repealed
13	court rule; providing for Senate confirmation of Supreme
14	Court justices; expanding the jurisdiction of the Supreme
15	Court; requiring the Judicial Qualifications Commission to
16	make all of its files available to the Speaker of the
17	House of Representatives; revising provisions relating to
18	repeal of commission rules; requiring that a specified
19	minimum percentage of general revenue funds be
20	appropriated to the courts; making other conforming and
21	modernizing changes to the State Constitution regarding
22	the judicial system.
23
24	Be It Resolved by the Legislature of the State of Florida:
25
26	That the following amendments to Sections 2, 3, 4, 7, 11,
27	12, and 14 of Article V, and the creation of Section 21 of
28	Article V, of the State Constitution are agreed to and shall be
29	submitted to the electors of this state for approval or
30	rejection at the next general election or at an earlier special
31	election specifically authorized by law for that purpose:
32	ARTICLE V
33	JUDICIARY
34	SECTION 2.  Administration; practice and procedure.-
35	(a)  The supreme court shall adopt rules for the practice
36	and procedure in all courts including the time for seeking
37	appellate review, the administrative supervision of all courts,
38	the transfer to the court having jurisdiction of any proceeding
39	when the jurisdiction of another court has been improvidently
40	invoked, and a requirement that no cause shall be dismissed
41	because an improper remedy has been sought. The supreme court
42	shall adopt rules to allow it the court and the district courts
43	of appeal to submit questions relating to military law to the
44	federal Court of Appeals for the Armed Forces for an advisory
45	opinion. Rules of court may be repealed by general law that
46	expresses the policy behind the repeal enacted by two-thirds
47	vote of the membership of each house of the legislature. The
48	court may readopt the repealed rule only in conformity with the
49	public policy expressed by the legislature. If the legislature
50	repeals the readopted rule, the rule may not be readopted
51	thereafter without prior approval of the legislature. The
52	divisions of the court shall meet jointly to adopt rules or the
53	court may designate a division to adopt any specific class of
54	rules.
55	(b)(1)  The chief justice of the supreme court of Florida
56	shall be chosen by a majority of the members of the court; shall
57	be the chief administrative officer of the judicial system; and
58	shall have the power to assign justices or judges, including
59	consenting retired justices or judges, to temporary duty in any
60	court for which the judge is qualified and to delegate to a
61	chief judge of a judicial circuit the power to assign judges for
62	duty in that circuit.
63	(2)   The chief justice of a division of the supreme court
64	shall be designated by the governor, subject to confirmation by
65	the senate. The chief justices of the divisions shall serve
66	staggered terms of eight years and shall be the chief
67	administrative officers of their respective divisions. In the
68	second half of any term as chief justice of a division, the
69	chief justice shall serve as the chief justice of the supreme
70	court. A justice may serve more than one term as chief justice
71	of the division. A chief justice of a division is subject to the
72	same requirements of eligibility and retention as a justice of
73	the supreme court.
74	(3)  If there is a vacancy in the position of chief justice
75	of a division, the justice who has served the most time with the
76	division shall be the acting chief justice until a new chief
77	justice of the division is appointed and confirmed for the
78	remainder of the term.
79	(c)  A chief judge for each district court of appeal shall
80	be chosen by a majority of the judges thereof or, if there is no
81	majority, by the chief justice. The chief judge of a district
82	court shall be responsible for the administrative supervision of
83	the district court.
84	(d)  A chief judge in each circuit shall be chosen from
85	among the circuit judges as provided by supreme court rule. The
86	chief judge of a circuit shall be responsible for the
87	administrative supervision of the circuit courts and county
88	courts in the his circuit.
89	SECTION 3.  Supreme court; divisions.-
90	(a)  ORGANIZATION.-The supreme court shall consist of ten
91	seven justices. Of the ten justices, five justices shall serve
92	in the civil division and five justices shall serve in the
93	criminal division. In each division Of the seven justices, each
94	appellate district shall have at least one justice elected or
95	appointed from the district to the supreme court division who is
96	a resident of the district at the time of the original
97	appointment or election. Four Five justices of a division shall
98	constitute a quorum for that division and. the concurrence of
99	three four justices shall be necessary to a decision. When
100	vacancies or recusals for cause would prohibit the court from
101	convening because of the requirements of this subsection
102	section, judges assigned to temporary duty may be substituted
103	for justices. The justices of both divisions, with seven
104	justices constituting a quorum, shall jointly meet regarding
105	disciplinary cases, and may jointly meet at the discretion of
106	the chief justice regarding court rules or administrative
107	supervision of the courts. The justices shall not otherwise meet
108	en banc.
109	(b)  JURISDICTION.-The appropriate division of the supreme
110	court:
111	(1)  Shall hear appeals from final judgments of trial
112	courts imposing the death penalty and from decisions of district
113	courts of appeal declaring invalid a state statute or a
114	provision of the state constitution.
115	(2)  When provided by general law, shall hear appeals from
116	final judgments entered in proceedings for the validation of
117	bonds or certificates of indebtedness and shall review action of
118	statewide agencies relating to rates or service of utilities
119	providing electric, gas, or telephone service. Only the civil
120	division may have jurisdiction pursuant to this paragraph.
121	(3)  May review any decision of a district court of appeal
122	that expressly declares valid a state statute, or that expressly
123	construes a provision of the state or federal constitution, or
124	that expressly affects a class of constitutional or state
125	officers, or that expressly and directly conflicts with a
126	decision of another district court of appeal or of the supreme
127	court on the same question of law, provided that the conflict
128	appears on the face of the majority, concurring, or dissenting
129	district court opinion.
130	(4)  May review any decision of a district court of appeal
131	that passes upon a question certified by the district court of
132	appeal it to be of great public importance, that appears to a
133	division to be of great public importance based on information
134	on the face of the majority, concurring, or dissenting district
135	court opinion, or that is certified by the district court of
136	appeal it to be in direct conflict with a decision of another
137	district court of appeal.
138	(5)  May review any order or judgment of a trial court
139	certified by the district court of appeal in which an appeal is
140	pending to be of great public importance, or to have a great
141	effect on the proper administration of justice throughout the
142	state, and certified to require immediate resolution by the
143	supreme court.
144	(6)  May review a question of law certified by the Supreme
145	Court of the United States or a United States Court of Appeals
146	which is determinative of the cause and for which there is no
147	controlling precedent of the supreme court of Florida.
148	(7)  May issue writs of prohibition to courts and all writs
149	necessary to the complete exercise of its jurisdiction.
150	(8)  May issue writs of mandamus and quo warranto to state
151	officers and state agencies.
152	(9)  May, or any justice may, issue writs of habeas corpus
153	returnable before the supreme court or any justice, a district
154	court of appeal or any judge thereof, or any circuit judge. Only
155	a justice in the criminal division may issue a writ of habeas
156	corpus in a criminal case.
157	(10)  Shall, when requested by the attorney general
158	pursuant to the provisions of Section 10 of Article IV, render
159	an advisory opinion of the justices, addressing issues as
160	provided by general law.
161	(11)  Shall hear appeals from final judgments of trial
162	courts imposing the death penalty. Only the criminal division
163	has any jurisdiction pursuant to this paragraph.
164	(c)  ASSIGNMENT OF CASES TO DIVISIONS.-Criminal and civil
165	cases are to be referred to each division in a manner consistent
166	with this section.
167	(1)  A criminal case is any case or controversy primarily
168	involving the commission of a felony or misdemeanor. A criminal
169	case shall also include any case or controversy involving
170	criminal law, criminal penalties, criminal procedure, juvenile
171	delinquency, or any related action regarding the interpretation
172	of or resolution of matters directly affecting the criminal law.
173	Equitable relief related to the criminal law, including actions
174	in which a party seeks to enjoin the application or form of a
175	criminal penalty, shall be within the jurisdiction of the
176	criminal division.
177	(2)  A civil case is any case or controversy within the
178	traditional concepts of civil law, including tort, contract,
179	family law, probate, trusts, real property, employment law,
180	taxation, and elections. The civil division shall have no
181	jurisdiction or authority, whether express or implied, to issue
182	a stay of execution or to hear any challenge of any law or
183	procedure regarding the death penalty or the administration of a
184	criminal penalty.
185	(3)  The legislature may, by general law, further define
186	the types of cases that are to be referred to each division in a
187	manner consistent with this section.
188	(d)  JURISDICTIONAL CONFLICTS.-If both divisions assert
189	jurisdiction over a particular case, the chief justice of the
190	supreme court of Florida shall decide where jurisdiction is
191	appropriate.
192	(c)  CLERK AND MARSHAL.-The supreme court shall appoint a
193	clerk and a marshal who shall hold office during the pleasure of
194	the court and perform such duties as the court directs. Their
195	compensation shall be fixed by general law. The marshal shall
196	have the power to execute the process of the court throughout
197	the state, and in any county may deputize the sheriff or a
198	deputy sheriff for such purpose.
199	SECTION 4.  District courts of appeal.-
200	(a)  ORGANIZATION.-There shall be a district court of
201	appeal serving each appellate district. Each district court of
202	appeal shall consist of at least three judges. Three judges
203	shall consider each case and the concurrence of two shall be
204	necessary to a decision.
205	(b)  JURISDICTION.-
206	(1)  District courts of appeal shall have jurisdiction to
207	hear appeals, that may be taken as a matter of right, from final
208	judgments or orders of trial courts, including those entered on
209	review of administrative action, not directly appealable to the
210	supreme court or a circuit court. They may review interlocutory
211	orders in such cases to the extent provided by rules adopted by
212	the supreme court.
213	(2)  District courts of appeal shall have the power of
214	direct review of administrative action, as prescribed by general
215	law.
216	(3)  A district court of appeal or any judge thereof may
217	issue writs of habeas corpus returnable before the court or any
218	judge thereof or before any circuit judge within the territorial
219	jurisdiction of the court. A district court of appeal may issue
220	writs of mandamus, certiorari, prohibition, quo warranto, and
221	other writs necessary to the complete exercise of its
222	jurisdiction. To the extent necessary to dispose of all issues
223	in a cause properly before it, a district court of appeal may
224	exercise any of the appellate jurisdiction of the circuit
225	courts.
226	(c)  CLERKS AND MARSHALS.-Each district court of appeal
227	shall appoint a clerk and a marshal who shall hold office during
228	the pleasure of the court and perform such duties as the court
229	directs. Their compensation shall be fixed by general law. The
230	marshal shall have the power to execute the process of the court
231	throughout the territorial jurisdiction of the court, and in any
232	county may deputize the sheriff or a deputy sheriff for such
233	purpose.
234	SECTION 7.  Specialized divisions.-The supreme court shall
235	sit in a civil division and a criminal division, except where
236	specifically authorized in this article to sit jointly. All
237	other courts except the supreme court may sit in divisions as
238	may be established by general law. A circuit or county court may
239	hold civil and criminal trials and hearings in any place within
240	the territorial jurisdiction of the court as designated by the
241	chief judge of the circuit.
242	SECTION 11.  Vacancies.-
243	(a)  Whenever a vacancy occurs in a judicial office to
244	which election for retention applies, the governor shall fill
245	the vacancy by appointing for a term ending on the first Tuesday
246	after the first Monday in January of the year following the next
247	general election occurring at least one year after the date of
248	appointment, one of not fewer than three persons nor more than
249	six persons nominated by the appropriate judicial nominating
250	commission.
251	(b)  The governor shall fill each vacancy on a circuit
252	court or on a county court, wherein the judges are elected by a
253	majority vote of the electors, by appointing for a term ending
254	on the first Tuesday after the first Monday in January of the
255	year following the next primary and general election occurring
256	at least one year after the date of appointment, one of not
257	fewer than three persons nor more than six persons nominated by
258	the appropriate judicial nominating commission. An election
259	shall be held to fill that judicial office for the term of the
260	office beginning at the end of the appointed term.
261	(c)  The nominations shall be made within thirty days from
262	the occurrence of a vacancy unless the period is extended by the
263	governor for a time not to exceed thirty days. The governor
264	shall make the appointment within sixty days after the
265	nominations have been certified to the governor.
266	(d)  Each appointment of a justice of the supreme court is
267	subject to confirmation by the senate. The senate may sit for
268	the purposes of confirmation regardless of whether the house of
269	representatives is in session or not, or the senate may by its
270	rules designate a committee of senators who shall vote on
271	confirmations while the senate is not in session. If the senate
272	fails to vote on the appointment of a justice within 90 days,
273	the justice shall be deemed confirmed. If the senate votes to
274	not confirm the appointment, the supreme court judicial
275	nominating commission shall reconvene as though a new vacancy
276	had occurred but may not renominate any person whose prior
277	appointment to fill the same vacancy was not confirmed by the
278	senate. The appointment of a justice is effective upon
279	confirmation by the senate. A justice in one division may apply
280	for a position in the other division but may not concurrently
281	serve on both.
282	(e)(d)  There shall be a separate judicial nominating
283	commission as provided by general law for the supreme court, one
284	for each district court of appeal, and one for each judicial
285	circuit for all trial courts within the circuit. Uniform rules
286	of procedure shall be established by the judicial nominating
287	commissions at each level of the court system. Such rules, or
288	any part thereof, may be repealed by general law enacted by a
289	majority vote of the membership of each house of the
290	legislature, or by a majority vote of the justices of each
291	division of the supreme court, five justices concurring. Except
292	for deliberations of the judicial nominating commissions, the
293	proceedings of the commissions and their records shall be open
294	to the public.
295	SECTION 12.  Discipline; removal and retirement.-
296	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
297	qualifications commission is created.
298	(1)  There shall be a judicial qualifications commission
299	vested with jurisdiction to investigate and recommend to the
300	Supreme Court of Florida the removal from office of any justice
301	or judge whose conduct, during term of office or otherwise,
302	occurring on or after November 1, 1966, (without regard to the
303	effective date of this section) demonstrates a present unfitness
304	to hold office, and to investigate and recommend the discipline
305	of a justice or judge whose conduct, during term of office or
306	otherwise occurring on or after November 1, 1966 (without regard
307	to the effective date of this section), warrants such
308	discipline. For purposes of this section, discipline is defined
309	as any or all of the following: reprimand, fine, suspension with
310	or without pay, or lawyer discipline. The commission shall have
311	jurisdiction over justices and judges regarding allegations that
312	misconduct occurred before or during service as a justice or
313	judge if a complaint is made no later than one year following
314	service as a justice or judge. The commission shall have
315	jurisdiction regarding allegations of incapacity during service
316	as a justice or judge. The commission shall be composed of:
317	a.  Two judges of district courts of appeal selected by the
318	judges of those courts, two circuit judges selected by the
319	judges of the circuit courts and two judges of county courts
320	selected by the judges of those courts;
321	b.  Four electors who reside in the state, who are members
322	of the bar of Florida, and who shall be chosen by the governing
323	body of the bar of Florida; and
324	c.  Five electors who reside in the state, who have never
325	held judicial office or been members of the bar of Florida, and
326	who shall be appointed by the governor.
327	(2)  The members of the judicial qualifications commission
328	shall serve staggered terms, not to exceed six years, as
329	prescribed by general law. No member of the commission except a
330	judge shall be eligible for state judicial office while acting
331	as a member of the commission and for a period of two years
332	thereafter. No member of the commission shall hold office in a
333	political party or participate in any campaign for judicial
334	office or hold public office; provided that a judge may campaign
335	for judicial office and hold that office. The commission shall
336	elect one of its members as its chairperson.
337	(3)  Members of the judicial qualifications commission not
338	subject to impeachment shall be subject to removal from the
339	commission pursuant to the provisions of Article IV, Section 7,
340	Florida Constitution.
341	(4)  The commission shall adopt rules regulating its
342	proceedings, the filling of vacancies by the appointing
343	authorities, the disqualification of members, the rotation of
344	members between the panels, and the temporary replacement of
345	disqualified or incapacitated members. The commission's rules,
346	or any part thereof, may be repealed by general law enacted by a
347	majority vote of the membership of each house of the
348	legislature, or by the supreme court, seven five justices
349	concurring. The commission shall have power to issue subpoenas.
350	Until formal charges against a justice or judge are filed by the
351	investigative panel with the clerk of the supreme court of
352	Florida all proceedings by or before the commission shall be
353	confidential; provided, however, upon a finding of probable
354	cause and the filing by the investigative panel with said clerk
355	of such formal charges against a justice or judge such charges
356	and all further proceedings before the commission shall be
357	public.
358	(5)  The commission shall have access to all information
359	from all executive, legislative and judicial agencies, including
360	grand juries, subject to the rules of the commission. At any
361	time, on request of the speaker of the house of representatives
362	or the governor, the commission shall make available to the
363	house of representatives all information in the possession of
364	the commission, which information shall remain confidential
365	during any investigation and until such information is used in
366	the pursuit for use in consideration of impeachment or
367	suspension, respectively.
368	(b)  PANELS.-The commission shall be divided into an
369	investigative panel and a hearing panel as established by rule
370	of the commission. The investigative panel is vested with the
371	jurisdiction to receive or initiate complaints, conduct
372	investigations, dismiss complaints, and upon a vote of a simple
373	majority of the panel submit formal charges to the hearing
374	panel. The hearing panel is vested with the authority to receive
375	and hear formal charges from the investigative panel and upon a
376	two-thirds vote of the panel recommend to the supreme court the
377	removal of a justice or judge or the involuntary retirement of a
378	justice or judge for any permanent disability that seriously
379	interferes with the performance of judicial duties. Upon a
380	simple majority vote of the membership of the hearing panel, the
381	panel may recommend to the supreme court that the justice or
382	judge be subject to appropriate discipline.
383	(c)  SUPREME COURT.-The supreme court shall receive
384	recommendations from the judicial qualifications commission's
385	hearing panel.
386	(1)  The supreme court may accept, reject, or modify in
387	whole or in part the findings, conclusions, and recommendations
388	of the commission and it may order that the justice or judge be
389	subjected to appropriate discipline, or be removed from office
390	with termination of compensation for willful or persistent
391	failure to perform judicial duties or for other conduct
392	unbecoming a member of the judiciary demonstrating a present
393	unfitness to hold office, or be involuntarily retired for any
394	permanent disability that seriously interferes with the
395	performance of judicial duties. Malafides, scienter or moral
396	turpitude on the part of a justice or judge shall not be
397	required for removal from office of a justice or judge whose
398	conduct demonstrates a present unfitness to hold office. After
399	the filing of a formal proceeding and upon request of the
400	investigative panel, the supreme court may suspend the justice
401	or judge from office, with or without compensation, pending
402	final determination of the inquiry.
403	(2)  The supreme court may award costs to the prevailing
404	party.
405	(d)  REMOVAL POWER.-The power of removal conferred by this
406	section shall be both alternative and cumulative to the power of
407	impeachment.
408	(e)  PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.-
409	Notwithstanding any of the foregoing provisions of this section,
410	if the person who is the subject of proceedings by the judicial
411	qualifications commission is a justice of the supreme court of
412	Florida all justices of such court automatically shall be
413	disqualified to sit as justices of such court with respect to
414	all proceedings therein concerning such person and the supreme
415	court for such purposes shall be composed of a panel consisting
416	of the seven chief judges of the judicial circuits of the state
417	of Florida most senior in tenure of judicial office as circuit
418	judge. For purposes of determining seniority of such circuit
419	judges in the event there be judges of equal tenure in judicial
420	office as circuit judge the judge or judges from the lower
421	numbered circuit or circuits shall be deemed senior. In the
422	event any such chief circuit judge is under investigation by the
423	judicial qualifications commission or is otherwise disqualified
424	or unable to serve on the panel, the next most senior chief
425	circuit judge or judges shall serve in place of such
426	disqualified or disabled chief circuit judge.
427	(f)  SCHEDULE TO SECTION 12.-
428	(1)  Except to the extent inconsistent with the provisions
429	of this section, all provisions of law and rules of court in
430	force on the effective date of this article shall continue in
431	effect until superseded in the manner authorized by the
432	constitution.
433	(2)  After this section becomes effective and until adopted
434	by rule of the commission consistent with it:
435	a.  The commission shall be divided, as determined by the
436	chairperson, into one investigative panel and one hearing panel
437	to meet the responsibilities set forth in this section.
438	b.  The investigative panel shall be composed of:
439	1.  Four judges,
440	2.  Two members of the bar of Florida, and
441	3.  Three non-lawyers.
442	c.  The hearing panel shall be composed of:
443	1.  Two judges,
444	2.  Two members of the bar of Florida, and
445	3.  Two non-lawyers.
446	d.  Membership on the panels may rotate in a manner
447	determined by the rules of the commission provided that no
448	member shall vote as a member of the investigative and hearing
449	panel on the same proceeding.
450	e.  The commission shall hire separate staff for each
451	panel.
452	f.  The members of the commission shall serve for staggered
453	terms of six years.
454	g.  The terms of office of the present members of the
455	judicial qualifications commission shall expire upon the
456	effective date of the amendments to this section approved by the
457	legislature during the regular session of the legislature in
458	1996 and new members shall be appointed to serve the following
459	staggered terms:
460	1.  Group I.-The terms of five members, composed of two
461	electors as set forth in s. 12(a)(1)c. of Article V, one member
462	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
463	V, one judge from the district courts of appeal and one circuit
464	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
465	on December 31, 1998.
466	2.  Group II.-The terms of five members, composed of one
467	elector as set forth in s. 12(a)(1)c. of Article V, two members
468	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
469	V, one circuit judge and one county judge as set forth in s.
470	12(a)(1)a. of Article V shall expire on December 31, 2000.
471	3.  Group III.-The terms of five members, composed of two
472	electors as set forth in s. 12(a)(1)c. of Article V, one member
473	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
474	from the district courts of appeal and one county judge as set
475	forth in s. 12(a)(1)a. of Article V, shall expire on December
476	31, 2002.
477	g.h.  An appointment to fill a vacancy of the commission
478	shall be for the remainder of the term.
479	h.i.  Selection of members by district courts of appeal
480	judges, circuit judges, and county court judges, shall be by no
481	less than a majority of the members voting at the respective
482	courts' conferences. Selection of members by the board of
483	governors of the bar of Florida shall be by no less than a
484	majority of the board.
485	i.j.  The commission shall be entitled to recover the costs
486	of investigation and prosecution, in addition to any penalty
487	levied by the supreme court.
488	j.k.  The compensation of members and referees shall be the
489	travel expenses or transportation and per diem allowance as
490	provided by general law.
491	SECTION 14.  Funding.-
492	(a)  All justices and judges shall be compensated only by
493	state salaries fixed by general law. Funding for the state
494	courts system, state attorneys' offices, public defenders'
495	offices, and court-appointed counsel, except as otherwise
496	provided in subsection (c), shall be provided from state
497	revenues appropriated by general law.
498	(b)  All funding for the offices of the clerks of the
499	circuit and county courts performing court-related functions,
500	except as otherwise provided in this subsection and subsection
501	(c), shall be provided by adequate and appropriate filing fees
502	for judicial proceedings and service charges and costs for
503	performing court-related functions as required by general law.
504	Selected salaries, costs, and expenses of the state courts
505	system may be funded from appropriate filing fees for judicial
506	proceedings and service charges and costs for performing court-
507	related functions, as provided by general law. Where the
508	requirements of either the United States Constitution or the
509	Constitution of the State of Florida preclude the imposition of
510	filing fees for judicial proceedings and service charges and
511	costs for performing court-related functions sufficient to fund
512	the court-related functions of the offices of the clerks of the
513	circuit and county courts, the state shall provide, as
514	determined by the legislature, adequate and appropriate
515	supplemental funding from state revenues appropriated by general
516	law.
517	(c)  No county or municipality, except as provided in this
518	subsection, shall be required to provide any funding for the
519	state courts system, state attorneys' offices, public defenders'
520	offices, court-appointed counsel or the offices of the clerks of
521	the circuit and county courts performing court-related
522	functions. Counties shall be required to fund the cost of
523	communications services, existing radio systems, existing multi-
524	agency criminal justice information systems, and the cost of
525	construction or lease, maintenance, utilities, and security of
526	facilities for the trial courts, public defenders' offices,
527	state attorneys' offices, and the offices of the clerks of the
528	circuit and county courts performing court-related functions.
529	Counties shall also pay reasonable and necessary salaries,
530	costs, and expenses of the state courts system to meet local
531	requirements as determined by general law.
532	(d)  The judiciary shall have no power to fix
533	appropriations.
534	(e)  The total appropriation of all fund sources to the
535	judicial branch shall equal no less than 2.25 percent of the
536	total general revenue funds appropriated in the general
537	appropriation bill referred to in Section 19(b) of Article III.
538	Any adjustments to the total appropriations of all fund sources
539	to the judicial branch made in any special appropriations act
540	shall equal no more than the percent of total general revenue
541	appropriations adjusted in such special appropriations act.
542	For purposes of this subsection, the judicial branch does not
543	include the Justice Administrative Commission or any of the
544	entities for which the Justice Administrative Commission
545	provides administrative services.
546	SECTION 21.  Schedule to Article V revision increasing the
547	membership of the supreme court and creating divisions thereof.-
548	(a)  Except to the extent inconsistent with this article,
549	all provisions of law and rules of court in force on the
550	effective date of this article shall continue in effect until
551	superseded in the manner authorized by the constitution.
552	(b)  The effective date of the revision creating two
553	divisions of the supreme court shall be upon passage by the
554	electorate.
555	(1)  On the first day after the election approving the
556	revision, the supreme court shall rank all of the justices then
557	in office by seniority in service on the supreme court. The
558	three who have the most seniority shall be the initial justices
559	assigned to the criminal division, and the remaining justices
560	shall be the initial justices assigned to the civil division.
561	Initial appointments of existing justices to either division
562	shall not be limited by the district court from which the
563	justice was appointed. A justice assigned to a division of the
564	supreme court pursuant to this paragraph shall remain in the
565	same term of office and shall sit for future retention elections
566	on the same cycle. The supreme court shall immediately transmit
567	to the governor the names of the justices, their division
568	assignments, and the districts from which they were appointed.
569	The governor shall then direct the supreme court nominating
570	commission to make its recommendations for the open seats of
571	justices for both divisions, which recommendations must be
572	delivered to the governor no later than the 60th day after the
573	election. Before the 90th day after the election, the governor
574	shall make the appointments for the open seats of justices for
575	both divisions and shall also designate the chief justices of
576	each division. The appointments and designations shall, in this
577	instance only, not be subject to the advice and consent of the
578	senate.
579	(2)  The supreme court shall inventory all cases in its
580	possession and determine as to each case whether it will be
581	assigned to the criminal division or the civil division. Newly
582	filed cases shall be designated between the two new divisions as
583	they are filed. The supreme court shall retain full jurisdiction
584	and power over all cases until such cases are actually assigned
585	to a division, including the power to issue final process that
586	would have the effect of removing the case from the inventory of
587	cases to be assigned.
588	(c)  The two divisions of the supreme court shall begin
589	formal operations on the 120th day after the election. On that
590	day:
591	(1)  Newly appointed justices shall take office.
592	(2)  The jurisdiction of the supreme court shall be divided
593	between the divisions, the jurisdictional changes in Sections
594	3(b)(3) and 3(b)(4) shall take effect, and all pending cases
595	shall be assigned to the appropriate division.
596	(3)  The term of the supreme court shall be deemed to have
597	ended. All mandates issued by the supreme court prior to the end
598	of the term shall be final and not subject to recall. No motion
599	for reconsideration shall be considered.
600	(d)  The initial chief justice of the civil division shall
601	also be the chief justice of the supreme court of Florida and
602	shall serve in that position from the 120th day after the
603	election through June 30, 2016. The initial chief justice of the
604	criminal division shall be the chief justice of the criminal
605	division from the 120th day after the election through June 30,
606	2020. Thereafter, the offices of the chief justices of the
607	divisions shall alternate as provided in Section 2.
608	(e)  All court rules adopted by the supreme court shall
609	continue in full force and effect after the effective date of
610	this revision, subject to future amendment or repeal.
611	(f)  The legislature may, by general law, otherwise provide
612	for the administrative transfer of employees, property, duties,
613	and functions between the divisions.
614	(g)  The change in court funding provided in Section 14(e)
615	shall be effective commencing in fiscal year 2013-2014.
616	(h)  The legislature shall have the power, by concurrent
617	resolution, to delete from this article any subsection of this
618	section 21, including this subsection, when all events to which
619	the subsection to be deleted is or could become applicable have
620	occurred.
621
622	BE IT FURTHER RESOLVED that the following statement be
623	placed on the ballot:
624
625	CONSTITUTIONAL AMENDMENT
626	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
627
628	STATE COURTS.-Proposing a revision of Article V of the
629	State Constitution relating to the judiciary.
630	Under current law, the Florida Supreme Court is the highest
631	court in Florida and hears both civil and criminal cases. It has
632	7 appointed justices. This revision would divide the current
633	Supreme Court into two divisions, one hearing civil cases and
634	the other hearing criminal cases. Each division would have 5
635	appointed justices who are permanently assigned. The 3 current
636	justices who have the most service with the Florida Supreme
637	Court would be assigned to the criminal division, the remaining
638	4 current justices would be assigned to the civil division, and
639	the Governor would appoint 3 new justices to fill the remaining
640	openings in the two divisions. The existing jurisdiction of the
641	Supreme Court would be expanded to allow discretionary review of
642	certain district court of appeal decisions. This revision
643	generally defines the civil law and criminal law jurisdiction of
644	each division, provides for assignment of cases to each
645	respective division, and allows the Legislature, by general law,
646	to further define the jurisdictions of each division. The
647	jurisdiction of a division will be limited to the division's
648	area, whether civil or criminal. The power of justices of the
649	criminal division to hear appeals from final judgments entered
650	in proceedings for the validation of bonds or certificates of
651	indebtedness and to review action of statewide agencies relating
652	to rates or service of utilities providing electric, gas, or
653	telephone service is limited by this revision and granted
654	exclusively to the civil division. The power of justices of the
655	civil division to issue a writ of habeas corpus and to hear
656	appeals from final judgments of trial courts imposing the death
657	penalty is limited by this revision and granted exclusively to
658	the justices of the criminal division. This revision provides
659	that if both divisions assert jurisdiction over a case, the
660	Chief Justice of the Supreme Court of Florida will decide where
661	jurisdiction is appropriate.
662	This proposed revision also creates a title of chief
663	justice in each of the divisions with an 8-year term. The
664	constitution currently provides that the Chief Justice of the
665	Supreme Court is the administrative head of the state judicial
666	system. This revision provides that the position of Chief
667	Justice of the Supreme Court will rotate every 4 years between
668	the chief justice of the civil division and the chief justice of
669	the criminal division. The constitution currently also provides
670	that the chief justice is chosen by vote of the justices. This
671	revision provides that the initial new justices and the initial
672	chief justice of each division will be selected by the Governor
673	and future chief justices will be selected by the Governor
674	subject to Senate confirmation. A chief justice is, like a
675	regular justice under current law, subject to retention election
676	and mandatory retirement requirements applicable to all Florida
677	justices and judges.
678	Under current law, the Governor appoints a justice from a
679	list of nominees provided by a judicial nominating commission,
680	and appointments by the Governor are not subject to
681	confirmation. Other than the initial 3 new appointees, this
682	revision requires Senate confirmation of a justice before the
683	appointee can take office. If the Senate votes not to confirm
684	the appointment, the judicial nominating commission must
685	reconvene and may not renominate any person whose prior
686	appointment to fill the same vacancy was not confirmed by the
687	Senate. For the purpose of confirmation, the Senate may meet at
688	any time or may appoint a committee to decide confirmations
689	while the Senate is not in session. If the Senate does not vote
690	against confirmation within 90 days, the justice will be deemed
691	confirmed and will take office.
692	The State Constitution authorizes the Supreme Court to
693	adopt rules for the practice and procedure in all courts. The
694	constitution further provides that a rule of court may be
695	repealed by a general law enacted by a two-thirds vote of the
696	membership of each house of the Legislature. This proposed
697	constitutional revision eliminates the requirement that a
698	general law repealing a court rule pass by a two-thirds vote of
699	each house. The Legislature could repeal a rule of court by a
700	general law approved by a majority vote of each house of the
701	Legislature that expresses the policy behind the repeal. The
702	court could readopt the rule in conformity with the public
703	policy expressed by the Legislature, but if the Legislature
704	repeals the readopted rule, this proposed revision prohibits the
705	court from readopting the repealed rule without the
706	Legislature's prior approval. Court rules may be adopted by both
707	divisions of the Supreme Court meeting jointly, or the court may
708	elect to divide classes of rules between the divisions.
709	The Judicial Qualifications Commission is an independent
710	commission created by the State Constitution to investigate and
711	prosecute before the Florida Supreme Court alleged misconduct by
712	a justice or judge. Currently under the constitution, commission
713	proceedings are confidential until formal charges are filed by
714	the investigative panel of the commission. Once formal charges
715	are filed, the formal charges and all further proceedings of the
716	commission are public. Currently, the constitution authorizes
717	the House of Representatives to impeach a justice or judge.
718	Further, the Speaker of the House of Representatives may
719	request, and the Judicial Qualifications Commission must make
720	available, all information in the commission's possession for
721	use in deciding whether to impeach a justice or judge. This
722	proposed revision requires the commission to make all of its
723	files available to the Speaker of the House of Representatives,
724	rather than just the file of a justice or judge under
725	investigation by the House of Representatives. Such files would
726	maintain their confidentiality unless the House of
727	Representatives initiates impeachment proceedings against a
728	justice or judge, in which case the files related to that
729	justice or judge may be open. This revision deletes a
730	requirement that a general law repealing a commission rule be
731	passed by a majority vote of the membership of each house of the
732	Legislature and revises the number of Supreme Court justices
733	needed to repeal such a rule.
734	State appropriations are made annually by general law.
735	Current law does not require any specific level of funding for
736	any agency or department. This revision requires that the courts
737	be appropriated a minimum of 2.25 percent of general revenue
738	funding beginning with the 2013-2014 fiscal year.
739	This revision will take effect upon its passage by the
740	electorate and provides a schedule for implementation of its
741	provisions. This revision makes other conforming and modernizing
742	changes to the State Constitution regarding the judicial system,
743	including removing the positions of clerk and marshal of the
744	Supreme Court and the courts of appeal from the constitution;
745	providing for transition to the new divisions; removing outdated
746	schedules related to the Judicial Qualifications Commission; and
747	making conforming and technical changes in the judicial articles
748	of the constitution.
749
750	BE IT FURTHER RESOLVED that the following statement be
751	placed on the ballot if a court declares the preceding statement
752	defective and the decision of the court is not reversed:
753
754	CONSTITUTIONAL AMENDMENT
755	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
756
757	JUDICIARY.-Proposing a revision of the Judiciary Article of
758	the Florida Constitution; reorganizing the Florida Supreme Court
759	into divisions; requiring Senate confirmation for appointment of
760	a Supreme Court justice; providing standards and procedures for
761	legislative repeal of a court rule; providing a minimum level of
762	court funding; allowing legislative review of confidential files
763	of the Judicial Qualifications Commission; providing for
764	transition; and making other ancillary amendments, including,
765	but not limited to, technical and conforming amendments.
766
767	BE IT FURTHER RESOLVED that the following statement be
768	placed on the ballot if a court declares the preceding
769	statements defective and the decision of the court is not
770	reversed:
771
772	CONSTITUTIONAL AMENDMENT
773	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
774
775	STATE COURTS.-Proposing a revision to Article V of the
776	State Constitution relating to the judiciary; changing the
777	authority of the Legislature to repeal a court rule by 2/3 vote
778	of the membership of each house to a simple majority of each
779	house; limiting the Supreme Court's ability to readopt a rule
780	repealed by the Legislature; replacing the current seven-member
781	Supreme Court with two five-member divisions of the Supreme
782	Court, one with civil jurisdiction and one with criminal
783	jurisdiction; establishing a Chief Justice of the Supreme Court
784	who shall serve as the chief administrative officer for the
785	courts; establishing a chief justice for the civil division of
786	the Supreme Court; establishing a chief justice for the criminal
787	division of the Supreme Court; providing for the manner of
788	selection and term for the chief justice of each division of the
789	Supreme Court; changing the manner of designation and term of
790	office of the Chief Justice of the Supreme Court; providing that
791	a chief justice of a division of the Supreme Court is subject to
792	a retention election and eligibility requirements as currently
793	established in the State Constitution; providing for manner of
794	replacement of a chief justice of a division; providing for
795	apportionment of current justices among the civil and criminal
796	divisions of the Supreme Court; changing the requirements for a
797	quorum from four to three as being necessary for a decision;
798	providing authority and circumstances where the divisions of the
799	Supreme Court may meet en banc; providing jurisdiction for each
800	division of the Supreme Court, including matters which will be
801	exclusive to each division; clarifying the jurisdiction of the
802	Supreme Court to hear appeals from certain district court of
803	appeal decisions; providing that the Legislature may further
804	define the split of jurisdiction between civil and criminal
805	matters; providing that the Chief Justice of the Supreme Court
806	decides jurisdiction should both divisions claim jurisdiction
807	over the same case; removing references to clerks and marshals;
808	requiring Senate confirmation before a justice may take office;
809	providing that if the Senate does not act within 90 days the
810	nominee is deemed confirmed as a justice; allowing the Senate to
811	meet outside of regular session without having the House of
812	Representatives convene at the same time; allowing Senate Rule
813	to designate a committee that may confirm a nominee; deleting
814	outdated references; requiring the Judicial Qualifications
815	Commission to provide the House of Representatives access to
816	records; providing for confidentiality of records; requiring a
817	minimum level of funding for the judicial system; providing for
818	transition; requiring the current Supreme Court to list its
819	members by seniority in office; providing that the three most
820	senior justices be assigned to the criminal division and the
821	remaining justices assigned to the criminal division; providing
822	time limits for appointments by the Governor for the remaining
823	seats; providing an exception to Senate confirmation for initial
824	appointments; requiring the Governor to name the initial chief
825	justice of each division; providing that the initial chief
826	justice of the civil division be named the Chief Justice of the
827	Supreme Court; requiring that existing cases be split between
828	the divisions; providing that cases decided before the split
829	into divisions are final and not subject to rehearing or recall
830	of the mandate; providing for the terms of the initial chief
831	justices of the divisions; providing for adoption of court
832	rules; allowing the Legislature by general law to further
833	provide for transition; providing that the transition schedules
834	may be deleted by general law when they have become outdated.

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