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12	repeal of court rules; limiting readoption of a repealed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 Rules of court may be repealed by general law that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 purpose of confirmation regardless of whether the house of
269	representatives is in session or not. If the senate fails to
270	vote on the appointment of a justice within 90 days, the justice
271	shall be deemed confirmed. If the senate votes to not confirm
272	the appointment, the supreme court judicial nominating
273	commission shall reconvene as though a new vacancy had occurred
274	but may not renominate any person whose prior appointment to
275	fill the same vacancy was not confirmed by the senate. The
276	appointment of a justice is effective upon confirmation by the
277	senate. A justice in one division may apply for a position in
278	the other division but may not concurrently serve on both.
279	(e)(d)  There shall be a separate judicial nominating
280	commission as provided by general law for the supreme court, one
281	for each district court of appeal, and one for each judicial
282	circuit for all trial courts within the circuit. Uniform rules
283	of procedure shall be established by the judicial nominating
284	commissions at each level of the court system. Such rules, or
285	any part thereof, may be repealed by general law enacted by a
286	majority vote of the membership of each house of the
287	legislature, or by a majority vote of the justices of each
288	division of the supreme court, five justices concurring. Except
289	for deliberations of the judicial nominating commissions, the
290	proceedings of the commissions and their records shall be open
291	to the public.
292	SECTION 12.  Discipline; removal and retirement.-
293	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
294	qualifications commission is created.
295	(1)  There shall be a judicial qualifications commission
296	vested with jurisdiction to investigate and recommend to the
297	Supreme Court of Florida the removal from office of any justice
298	or judge whose conduct, during term of office or otherwise,
299	occurring on or after November 1, 1966, (without regard to the
300	effective date of this section) demonstrates a present unfitness
301	to hold office, and to investigate and recommend the discipline
302	of a justice or judge whose conduct, during term of office or
303	otherwise occurring on or after November 1, 1966 (without regard
304	to the effective date of this section), warrants such
305	discipline. For purposes of this section, discipline is defined
306	as any or all of the following: reprimand, fine, suspension with
307	or without pay, or lawyer discipline. The commission shall have
308	jurisdiction over justices and judges regarding allegations that
309	misconduct occurred before or during service as a justice or
310	judge if a complaint is made no later than one year following
311	service as a justice or judge. The commission shall have
312	jurisdiction regarding allegations of incapacity during service
313	as a justice or judge. The commission shall be composed of:
314	a.  Two judges of district courts of appeal selected by the
315	judges of those courts, two circuit judges selected by the
316	judges of the circuit courts and two judges of county courts
317	selected by the judges of those courts;
318	b.  Four electors who reside in the state, who are members
319	of the bar of Florida, and who shall be chosen by the governing
320	body of the bar of Florida; and
321	c.  Five electors who reside in the state, who have never
322	held judicial office or been members of the bar of Florida, and
323	who shall be appointed by the governor.
324	(2)  The members of the judicial qualifications commission
325	shall serve staggered terms, not to exceed six years, as
326	prescribed by general law. No member of the commission except a
327	judge shall be eligible for state judicial office while acting
328	as a member of the commission and for a period of two years
329	thereafter. No member of the commission shall hold office in a
330	political party or participate in any campaign for judicial
331	office or hold public office; provided that a judge may campaign
332	for judicial office and hold that office. The commission shall
333	elect one of its members as its chairperson.
334	(3)  Members of the judicial qualifications commission not
335	subject to impeachment shall be subject to removal from the
336	commission pursuant to the provisions of Article IV, Section 7,
337	Florida Constitution.
338	(4)  The commission shall adopt rules regulating its
339	proceedings, the filling of vacancies by the appointing
340	authorities, the disqualification of members, the rotation of
341	members between the panels, and the temporary replacement of
342	disqualified or incapacitated members. The commission's rules,
343	or any part thereof, may be repealed by general law enacted by a
344	majority vote of the membership of each house of the
345	legislature, or by the supreme court, seven five justices
346	concurring. The commission shall have power to issue subpoenas.
347	Until formal charges against a justice or judge are filed by the
348	investigative panel with the clerk of the supreme court of
349	Florida all proceedings by or before the commission shall be
350	confidential; provided, however, upon a finding of probable
351	cause and the filing by the investigative panel with said clerk
352	of such formal charges against a justice or judge such charges
353	and all further proceedings before the commission shall be
354	public.
355	(5)  The commission shall have access to all information
356	from all executive, legislative and judicial agencies, including
357	grand juries, subject to the rules of the commission. At any
358	time, on request of the speaker of the house of representatives
359	or the governor, the commission shall make available to the
360	house of representatives all information in the possession of
361	the commission, which information shall remain confidential
362	during any investigation and until such information is used in
363	the pursuit for use in consideration of impeachment or
364	suspension, respectively.
365	(b)  PANELS.-The commission shall be divided into an
366	investigative panel and a hearing panel as established by rule
367	of the commission. The investigative panel is vested with the
368	jurisdiction to receive or initiate complaints, conduct
369	investigations, dismiss complaints, and upon a vote of a simple
370	majority of the panel submit formal charges to the hearing
371	panel. The hearing panel is vested with the authority to receive
372	and hear formal charges from the investigative panel and upon a
373	two-thirds vote of the panel recommend to the supreme court the
374	removal of a justice or judge or the involuntary retirement of a
375	justice or judge for any permanent disability that seriously
376	interferes with the performance of judicial duties. Upon a
377	simple majority vote of the membership of the hearing panel, the
378	panel may recommend to the supreme court that the justice or
379	judge be subject to appropriate discipline.
380	(c)  SUPREME COURT.-The supreme court shall receive
381	recommendations from the judicial qualifications commission's
382	hearing panel.
383	(1)  The supreme court may accept, reject, or modify in
384	whole or in part the findings, conclusions, and recommendations
385	of the commission and it may order that the justice or judge be
386	subjected to appropriate discipline, or be removed from office
387	with termination of compensation for willful or persistent
388	failure to perform judicial duties or for other conduct
389	unbecoming a member of the judiciary demonstrating a present
390	unfitness to hold office, or be involuntarily retired for any
391	permanent disability that seriously interferes with the
392	performance of judicial duties. Malafides, scienter or moral
393	turpitude on the part of a justice or judge shall not be
394	required for removal from office of a justice or judge whose
395	conduct demonstrates a present unfitness to hold office. After
396	the filing of a formal proceeding and upon request of the
397	investigative panel, the supreme court may suspend the justice
398	or judge from office, with or without compensation, pending
399	final determination of the inquiry.
400	(2)  The supreme court may award costs to the prevailing
401	party.
402	(d)  REMOVAL POWER.-The power of removal conferred by this
403	section shall be both alternative and cumulative to the power of
404	impeachment.
405	(e)  PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.-
406	Notwithstanding any of the foregoing provisions of this section,
407	if the person who is the subject of proceedings by the judicial
408	qualifications commission is a justice of the supreme court of
409	Florida all justices of such court automatically shall be
410	disqualified to sit as justices of such court with respect to
411	all proceedings therein concerning such person and the supreme
412	court for such purposes shall be composed of a panel consisting
413	of the seven chief judges of the judicial circuits of the state
414	of Florida most senior in tenure of judicial office as circuit
415	judge. For purposes of determining seniority of such circuit
416	judges in the event there be judges of equal tenure in judicial
417	office as circuit judge the judge or judges from the lower
418	numbered circuit or circuits shall be deemed senior. In the
419	event any such chief circuit judge is under investigation by the
420	judicial qualifications commission or is otherwise disqualified
421	or unable to serve on the panel, the next most senior chief
422	circuit judge or judges shall serve in place of such
423	disqualified or disabled chief circuit judge.
424	(f)  SCHEDULE TO SECTION 12.-
425	(1)  Except to the extent inconsistent with the provisions
426	of this section, all provisions of law and rules of court in
427	force on the effective date of this article shall continue in
428	effect until superseded in the manner authorized by the
429	constitution.
430	(2)  After this section becomes effective and until adopted
431	by rule of the commission consistent with it:
432	a.  The commission shall be divided, as determined by the
433	chairperson, into one investigative panel and one hearing panel
434	to meet the responsibilities set forth in this section.
435	b.  The investigative panel shall be composed of:
436	1.  Four judges,
437	2.  Two members of the bar of Florida, and
438	3.  Three non-lawyers.
439	c.  The hearing panel shall be composed of:
440	1.  Two judges,
441	2.  Two members of the bar of Florida, and
442	3.  Two non-lawyers.
443	d.  Membership on the panels may rotate in a manner
444	determined by the rules of the commission provided that no
445	member shall vote as a member of the investigative and hearing
446	panel on the same proceeding.
447	e.  The commission shall hire separate staff for each
448	panel.
449	f.  The members of the commission shall serve for staggered
450	terms of six years.
451	g.  The terms of office of the present members of the
452	judicial qualifications commission shall expire upon the
453	effective date of the amendments to this section approved by the
454	legislature during the regular session of the legislature in
455	1996 and new members shall be appointed to serve the following
456	staggered terms:
457	1.  Group I.-The terms of five members, composed of two
458	electors as set forth in s. 12(a)(1)c. of Article V, one member
459	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
460	V, one judge from the district courts of appeal and one circuit
461	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
462	on December 31, 1998.
463	2.  Group II.-The terms of five members, composed of one
464	elector as set forth in s. 12(a)(1)c. of Article V, two members
465	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
466	V, one circuit judge and one county judge as set forth in s.
467	12(a)(1)a. of Article V shall expire on December 31, 2000.
468	3.  Group III.-The terms of five members, composed of two
469	electors as set forth in s. 12(a)(1)c. of Article V, one member
470	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
471	from the district courts of appeal and one county judge as set
472	forth in s. 12(a)(1)a. of Article V, shall expire on December
473	31, 2002.
474	g.h.  An appointment to fill a vacancy of the commission
475	shall be for the remainder of the term.
476	h.i.  Selection of members by district courts of appeal
477	judges, circuit judges, and county court judges, shall be by no
478	less than a majority of the members voting at the respective
479	courts' conferences. Selection of members by the board of
480	governors of the bar of Florida shall be by no less than a
481	majority of the board.
482	i.j.  The commission shall be entitled to recover the costs
483	of investigation and prosecution, in addition to any penalty
484	levied by the supreme court.
485	j.k.  The compensation of members and referees shall be the
486	travel expenses or transportation and per diem allowance as
487	provided by general law.
488	SECTION 14.  Funding.-
489	(a)  All justices and judges shall be compensated only by
490	state salaries fixed by general law. Funding for the state
491	courts system, state attorneys' offices, public defenders'
492	offices, and court-appointed counsel, except as otherwise
493	provided in subsection (c), shall be provided from state
494	revenues appropriated by general law.
495	(b)  All funding for the offices of the clerks of the
496	circuit and county courts performing court-related functions,
497	except as otherwise provided in this subsection and subsection
498	(c), shall be provided by adequate and appropriate filing fees
499	for judicial proceedings and service charges and costs for
500	performing court-related functions as required by general law.
501	Selected salaries, costs, and expenses of the state courts
502	system may be funded from appropriate filing fees for judicial
503	proceedings and service charges and costs for performing court-
504	related functions, as provided by general law. Where the
505	requirements of either the United States Constitution or the
506	Constitution of the State of Florida preclude the imposition of
507	filing fees for judicial proceedings and service charges and
508	costs for performing court-related functions sufficient to fund
509	the court-related functions of the offices of the clerks of the
510	circuit and county courts, the state shall provide, as
511	determined by the legislature, adequate and appropriate
512	supplemental funding from state revenues appropriated by general
513	law.
514	(c)  No county or municipality, except as provided in this
515	subsection, shall be required to provide any funding for the
516	state courts system, state attorneys' offices, public defenders'
517	offices, court-appointed counsel or the offices of the clerks of
518	the circuit and county courts performing court-related
519	functions. Counties shall be required to fund the cost of
520	communications services, existing radio systems, existing multi-
521	agency criminal justice information systems, and the cost of
522	construction or lease, maintenance, utilities, and security of
523	facilities for the trial courts, public defenders' offices,
524	state attorneys' offices, and the offices of the clerks of the
525	circuit and county courts performing court-related functions.
526	Counties shall also pay reasonable and necessary salaries,
527	costs, and expenses of the state courts system to meet local
528	requirements as determined by general law.
529	(d)  The judiciary shall have no power to fix
530	appropriations.
531	(e)  The total appropriation of all fund sources to the
532	judicial branch shall equal no less than 2.25 percent of the
533	total general revenue funds appropriated in the general
534	appropriation bill referred to in Section 19(b) of Article III.
535	Any adjustments to the total appropriations of all fund sources
536	to the judicial branch made in any special appropriations act
537	shall equal no more than the percent of total general revenue
538	appropriations adjusted in such special appropriations act.
539	For purposes of this subsection, the judicial branch does not
540	include the Justice Administrative Commission or any of the
541	entities for which the Justice Administrative Commission
542	provides administrative services.
543	SECTION 21.  Schedule to Article V revision increasing the
544	membership of the supreme court and creating divisions thereof.-
545	(a)  Except to the extent inconsistent with this article,
546	all provisions of law and rules of court in force on the
547	effective date of this article shall continue in effect until
548	superseded in the manner authorized by the constitution.
549	(b)  The effective date of the revision creating two
550	divisions of the supreme court shall be upon passage by the
551	electorate.
552	(1)  On the first day after the election approving the
553	revision, the supreme court shall rank all of the justices then
554	in office by seniority in service on the supreme court. The
555	three who have the most seniority shall be the initial justices
556	assigned to the criminal division, and the remaining justices
557	shall be the initial justices assigned to the civil division.
558	Initial appointments of existing justices to either division
559	shall not be limited by the district court from which the
560	justice was appointed. A justice assigned to a division of the
561	supreme court pursuant to this paragraph shall remain in the
562	same term of office and shall sit for future retention elections
563	on the same cycle. The supreme court shall immediately transmit
564	to the governor the names of the justices, their division
565	assignments, and the districts from which they were appointed.
566	The governor shall then direct the supreme court nominating
567	commission to make its recommendations for the open seats of
568	justices for both divisions, which recommendations must be
569	delivered to the governor no later than the 60th day after the
570	election. Before the 90th day after the election, the governor
571	shall make the appointments for the open seats of justices for
572	both divisions and shall also designate the chief justices of
573	each division. The appointments and designations shall, in this
574	instance only, not be subject to the advice and consent of the
575	senate.
576	(2)  The supreme court shall inventory all cases in its
577	possession and determine as to each case whether it will be
578	assigned to the criminal division or the civil division. Newly
579	filed cases shall be designated between the two new divisions as
580	they are filed. The supreme court shall retain full jurisdiction
581	and power over all cases until such cases are actually assigned
582	to a division, including the power to issue final process that
583	would have the effect of removing the case from the inventory of
584	cases to be assigned.
585	(c)  The two divisions of the supreme court shall begin
586	formal operations on the 120th day after the election. On that
587	day:
588	(1)  Newly appointed justices shall take office.
589	(2)  The jurisdiction of the supreme court shall be divided
590	between the divisions, the jurisdictional changes in Sections
591	3(b)(3) and 3(b)(4) shall take effect, and all pending cases
592	shall be assigned to the appropriate division.
593	(3)  The term of the supreme court shall be deemed to have
594	ended. All mandates issued by the supreme court prior to the end
595	of the term shall be final and not subject to recall. No motion
596	for reconsideration shall be considered.
597	(d)  The initial chief justice of the civil division shall
598	also be the chief justice of the supreme court of Florida and
599	shall serve in that position from the 120th day after the
600	election through June 30, 2016. The initial chief justice of the
601	criminal division shall be the chief justice of the criminal
602	division from the 120th day after the election through June 30,
603	2020. Thereafter, the offices of the chief justices of the
604	divisions shall alternate as provided in Section 2.
605	(e)  All court rules adopted by the supreme court shall
606	continue in full force and effect after the effective date of
607	this revision, subject to future amendment or repeal.
608	(f)  The legislature may, by general law, otherwise provide
609	for the administrative transfer of employees, property, duties,
610	and functions between the divisions.
611	(g)  The change in court funding provided in Section 14(e)
612	shall be effective commencing in fiscal year 2013-2014.
613	(h)  The legislature shall have the power, by concurrent
614	resolution, to delete from this article any subsection of this
615	section 21, including this subsection, when all events to which
616	the subsection to be deleted is or could become applicable have
617	occurred.
618
619	BE IT FURTHER RESOLVED that the following statement be
620	placed on the ballot:
621
622	CONSTITUTIONAL AMENDMENT
623	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
624
625	STATE COURTS.-Proposing a revision of Article V of the
626	State Constitution relating to the judiciary.
627	Under current law, the Florida Supreme Court is the highest
628	court in Florida and hears both civil and criminal cases. It has
629	7 appointed justices. This revision would divide the current
630	Supreme Court into two divisions, one hearing civil cases and
631	the other hearing criminal cases. Each division would have 5
632	appointed justices who are permanently assigned. The 3 current
633	justices who have the most service with the Florida Supreme
634	Court would be assigned to the criminal division, the remaining
635	4 current justices would be assigned to the civil division, and
636	the Governor would appoint 3 new justices to fill the remaining
637	openings in the two divisions. The existing jurisdiction of the
638	Supreme Court would be expanded to allow discretionary review of
639	certain district court of appeal decisions. This revision
640	generally defines the civil law and criminal law jurisdiction of
641	each division, provides for assignment of cases to each
642	respective division, and allows the Legislature, by general law,
643	to further define the jurisdictions of each division. The
644	jurisdiction of a division will be limited to the division's
645	area, whether civil or criminal. The power of justices of the
646	criminal division to hear appeals from final judgments entered
647	in proceedings for the validation of bonds or certificates of
648	indebtedness and to review action of statewide agencies relating
649	to rates or service of utilities providing electric, gas, or
650	telephone service is limited by this revision and granted
651	exclusively to the civil division. The power of justices of the
652	civil division to issue a writ of habeas corpus and to hear
653	appeals from final judgments of trial courts imposing the death
654	penalty is limited by this revision and granted exclusively to
655	the justices of the criminal division. This revision provides
656	that if both divisions assert jurisdiction over a case, the
657	Chief Justice of the Supreme Court of Florida will decide where
658	jurisdiction is appropriate.
659	This proposed revision also creates a title of chief
660	justice in each of the divisions with an 8-year term. The
661	constitution currently provides that the Chief Justice of the
662	Supreme Court is the administrative head of the state judicial
663	system. This revision provides that the position of Chief
664	Justice of the Supreme Court will rotate every 4 years between
665	the chief justice of the civil division and the chief justice of
666	the criminal division. The constitution currently also provides
667	that the chief justice is chosen by vote of the justices. This
668	revision provides that the initial new justices and the initial
669	chief justice of each division will be selected by the Governor
670	and future chief justices will be selected by the Governor
671	subject to Senate confirmation. A chief justice is, like a
672	regular justice under current law, subject to retention election
673	and mandatory retirement requirements applicable to all Florida
674	justices and judges.
675	Under current law, the Governor appoints a justice from a
676	list of nominees provided by a judicial nominating commission,
677	and appointments by the Governor are not subject to
678	confirmation. Other than the initial 3 new appointees, this
679	revision requires Senate confirmation of a justice before the
680	appointee can take office. If the Senate votes not to confirm
681	the appointment, the judicial nominating commission must
682	reconvene and may not renominate any person whose prior
683	appointment to fill the same vacancy was not confirmed by the
684	Senate. For the purpose of confirmation, the Senate may meet at
685	any time. If the Senate does not vote against confirmation
686	within 90 days, the justice will be deemed confirmed and will
687	take office.
688	The State Constitution authorizes the Supreme Court to
689	adopt rules for the practice and procedure in all courts. The
690	constitution further provides that a rule of court may be
691	repealed by a general law enacted by a two-thirds vote of the
692	membership of each house of the Legislature. This proposed
693	constitutional revision eliminates the requirement that a
694	general law repealing a court rule pass by a two-thirds vote of
695	each house. The Legislature could repeal a rule of court by a
696	general law approved by a majority vote of each house of the
697	Legislature that expresses the policy behind the repeal. The
698	court could readopt the rule in conformity with the public
699	policy expressed by the Legislature, but if the Legislature
700	repeals the readopted rule, this proposed revision prohibits the
701	court from readopting the repealed rule without the
702	Legislature's prior approval. Court rules may be adopted by both
703	divisions of the Supreme Court meeting jointly, or the court may
704	elect to divide classes of rules between the divisions.
705	The Judicial Qualifications Commission is an independent
706	commission created by the State Constitution to investigate and
707	prosecute before the Florida Supreme Court alleged misconduct by
708	a justice or judge. Currently under the constitution, commission
709	proceedings are confidential until formal charges are filed by
710	the investigative panel of the commission. Once formal charges
711	are filed, the formal charges and all further proceedings of the
712	commission are public. Currently, the constitution authorizes
713	the House of Representatives to impeach a justice or judge.
714	Further, the Speaker of the House of Representatives may
715	request, and the Judicial Qualifications Commission must make
716	available, all information in the commission's possession for
717	use in deciding whether to impeach a justice or judge. This
718	proposed revision requires the commission to make all of its
719	files available to the Speaker of the House of Representatives,
720	rather than just the file of a justice or judge under
721	investigation by the House of Representatives. Such files would
722	maintain their confidentiality unless the House of
723	Representatives initiates impeachment proceedings against a
724	justice or judge, in which case the files related to that
725	justice or judge may be open. This revision deletes a
726	requirement that a general law repealing a commission rule be
727	passed by a majority vote of the membership of each house of the
728	Legislature and revises the number of Supreme Court justices
729	needed to repeal such a rule.
730	State appropriations are made annually by general law.
731	Current law does not require any specific level of funding for
732	any agency or department. This revision requires that the courts
733	be appropriated a minimum of 2.25 percent of general revenue
734	funding beginning with the 2013-2014 fiscal year.
735	This revision will take effect upon its passage by the
736	electorate and provides a schedule for implementation of its
737	provisions. This revision makes other conforming and modernizing
738	changes to the State Constitution regarding the judicial system,
739	including removing the positions of clerk and marshal of the
740	Supreme Court and the courts of appeal from the constitution;
741	providing for transition to the new divisions; removing outdated
742	schedules related to the Judicial Qualifications Commission; and
743	making conforming and technical changes in the judicial articles
744	of the constitution.
745
746	BE IT FURTHER RESOLVED that the following statement be
747	placed on the ballot if a court declares the preceding statement
748	defective and the decision of the court is not reversed:
749
750	CONSTITUTIONAL AMENDMENT
751	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
752
753	JUDICIARY.-Proposing a revision of the Judiciary Article of
754	the Florida Constitution; reorganizing the Florida Supreme Court
755	into divisions; requiring Senate confirmation for appointment of
756	a Supreme Court justice; providing standards and procedures for
757	legislative repeal of a court rule; providing a minimum level of
758	court funding; allowing legislative review of confidential files
759	of the Judicial Qualifications Commission; providing for
760	transition; and making other ancillary amendments, including,
761	but not limited to, technical and conforming amendments.
762
763	BE IT FURTHER RESOLVED that the following statement be
764	placed on the ballot if a court declares the preceding
765	statements defective and the decision of the court is not
766	reversed:
767
768	CONSTITUTIONAL AMENDMENT
769	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
770
771	STATE COURTS.-Proposing a revision to Article V of the
772	State Constitution relating to the judiciary; changing the
773	authority of the Legislature to repeal a court rule by 2/3 vote
774	of the membership of each house to a simple majority of each
775	house; limiting the Supreme Court's ability to readopt a rule
776	repealed by the Legislature; replacing the current seven-member
777	Supreme Court with two five-member divisions of the Supreme
778	Court, one with civil jurisdiction and one with criminal
779	jurisdiction; establishing a Chief Justice of the Supreme Court
780	who shall serve as the chief administrative officer for the
781	courts; establishing a chief justice for the civil division of
782	the Supreme Court; establishing a chief justice for the criminal
783	division of the Supreme Court; providing for the manner of
784	selection and term for the chief justice of each division of the
785	Supreme Court; changing the manner of designation and term of
786	office of the Chief Justice of the Supreme Court; providing that
787	a chief justice of a division of the Supreme Court is subject to
788	a retention election and eligibility requirements as currently
789	established in the State Constitution; providing for manner of
790	replacement of a chief justice of a division; providing for
791	apportionment of current justices among the civil and criminal
792	divisions of the Supreme Court; changing the requirements for a
793	quorum from four to three as being necessary for a decision;
794	providing authority and circumstances where the divisions of the
795	Supreme Court may meet en banc; providing jurisdiction for each
796	division of the Supreme Court, including matters which will be
797	exclusive to each division; clarifying the jurisdiction of the
798	Supreme Court to hear appeals from certain district court of
799	appeal decisions; providing that the Legislature may further
800	define the split of jurisdiction between civil and criminal
801	matters; providing that the Chief Justice of the Supreme Court
802	decides jurisdiction should both divisions claim jurisdiction
803	over the same case; removing references to clerks and marshals;
804	requiring Senate confirmation before a justice may take office;
805	providing that if the Senate does not act within 90 days the
806	nominee is deemed confirmed as a justice; allowing the Senate to
807	meet outside of regular session without having the House of
808	Representatives convene at the same time; deleting outdated
809	references; requiring the Judicial Qualifications Commission to
810	provide the House of Representatives access to records;
811	providing for confidentiality of records; requiring a minimum
812	level of funding for the judicial system; providing for
813	transition; requiring the current Supreme Court to list its
814	members by seniority in office; providing that the three most
815	senior justices be assigned to the criminal division and the
816	remaining justices assigned to the criminal division; providing
817	time limits for appointments by the Governor for the remaining
818	seats; providing an exception to Senate confirmation for initial
819	appointments; requiring the Governor to name the initial chief
820	justice of each division; providing that the initial chief
821	justice of the civil division be named the Chief Justice of the
822	Supreme Court; requiring that existing cases be split between
823	the divisions; providing that cases decided before the split
824	into divisions are final and not subject to rehearing or recall
825	of the mandate; providing for the terms of the initial chief
826	justices of the divisions; providing for adoption of court
827	rules; allowing the Legislature by general law to further
828	provide for transition; providing that the transition schedules
829	may be deleted by general law when they have become outdated.

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