SJR 408                                          First Engrossed
       
       
       
       
       
       
       
       
       2012408e1
       
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing an amendment to Section 8
    3         of Article V and the creation of a new section to
    4         Article XII of the State Constitution to increase the
    5         age after which a justice or judge may no longer serve
    6         in a judicial office, to provide for the amendment to
    7         apply to justices and judges appointed on or after a
    8         specified date, and to provide an effective date.
    9  
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 8 of Article V and
   13  the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                              ARTICLE V                            
   19                              JUDICIARY                            
   20         SECTION 8. Eligibility.—A No person is not shall be
   21  eligible for the office of justice or judge of any court unless
   22  the person is an elector of the state and resides in the
   23  territorial jurisdiction of the court. A No justice or judge may
   24  not shall serve after attaining the age of seventy-five seventy
   25  years except upon temporary assignment or to complete a term,
   26  one-half of which has been served. A No person is not eligible
   27  for the office of justice of the supreme court or judge of a
   28  district court of appeal unless the person is, and has been for
   29  the preceding ten years, a member of the bar of Florida. A No
   30  person is not eligible for the office of circuit judge unless
   31  the person is, and has been for the preceding five years, a
   32  member of the bar of Florida. Unless otherwise provided by
   33  general law, a no person is not eligible for the office of
   34  county court judge unless the person is, and has been for the
   35  preceding five years, a member of the bar of Florida. Unless
   36  otherwise provided by general law, a person is shall be eligible
   37  for election or appointment to the office of county court judge
   38  in a county having a population of 40,000 or fewer less if the
   39  person is a member in good standing of the bar of Florida.
   40                             ARTICLE XII                           
   41                              SCHEDULE                             
   42         Eligibility of justices and judges.—The amendment to
   43  Section 8 of Article V changing the age after which a justice or
   44  judge is no longer eligible for the office of justice or judge
   45  of any court except upon temporary assignment or to complete a
   46  term and this section shall take effect January 1, 2013, and
   47  apply to justices and judges elected or appointed on or after
   48  that date.
   49                      CONSTITUTIONAL AMENDMENT                     
   50                        ARTICLE V, SECTION 8                       
   51         REVISING AGE LIMITS FOR JUSTICES AND JUDGES.—The State
   52  Constitution currently prohibits a justice or judge from serving
   53  in a judicial office after attaining the age of 70 years except
   54  upon temporary assignment or to complete a judicial term if one
   55  half of the term has been served. This proposed amendment
   56  increases the age after which a justice or judge may no longer
   57  serve to 75 years of age. However, a justice or judge who has
   58  attained the age of 75 years may continue to serve upon
   59  temporary assignment or to complete a judicial term. The
   60  proposed amendment takes effect January 1, 2013, and applies to
   61  justices or judges elected or appointed on or after that date.