Florida Senate - 2017 SJR 482
By Senator Hutson
7-00481-17 2017482__
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 in
4 Article XII of the State Constitution to create a
5 minimum age requirement and term limits for Supreme
6 Court Justices and judges of the district courts of
7 appeal and require 1 year of prior service as a judge
8 for appointment as Supreme Court Justice.
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.—
21 (a) No person shall be eligible for office of justice or
22 judge of any court unless the person is an elector of the state
23 and resides in the territorial jurisdiction of the court. No
24 person shall be eligible for the office of justice of the
25 supreme court or judge of a district court of appeal before
26 attaining the age of fifty years. No justice or judge shall
27 serve after attaining the age of seventy years except upon
28 temporary assignment or to complete a term, one-half of which
29 has been served.
30 (b) No person is eligible for the office of justice of the
31 supreme court or judge of a district court of appeal unless the
32 person is, and has been for the preceding ten years, a member of
33 the bar of Florida. No person is eligible for the office of
34 circuit 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, no person is eligible for the
37 office of county court judge unless the person is, and has been
38 for the preceding five years, a member of the bar of Florida.
39 Unless otherwise provided by general law, a person shall be
40 eligible for election or appointment to the office of county
41 court judge in a county having a population of 40,000 or less if
42 the person is a member in good standing of the bar of Florida.
43 (c) No person is eligible for the office of justice of the
44 supreme court unless the person is, or has been, a judge for at
45 least one year.
46 (d) No person may appear on the ballot for retention to the
47 office of justice of the supreme court if, by the end of the
48 current term of office, the person has ever served or, but for
49 resignation, would have served in that office for two
50 consecutive full terms. No person may appear on the ballot for
51 retention to the office of judge of a district court of appeal
52 if, by the end of the current term of office, the person has
53 ever served or, but for resignation, would have served in that
54 office for three consecutive full terms.
55 ARTICLE XII
56 SCHEDULE
57 Applicability of eligibility requirements for appointment
58 or retention of justices and appellate judges.—The amendment to
59 Section 8 of Article V which specifies term limits and a minimum
60 age requirement for justices of the supreme court and judges of
61 the district courts of appeal, and requires a minimum one year
62 of service as a judge for a person to be appointed to the office
63 of justice, takes effect January 1, 2019. The limitations of the
64 amendment on the terms of justices and judges apply to justices
65 and judges in office on the effective date of this amendment.
66 BE IT FURTHER RESOLVED that the following statement be
67 placed on the ballot:
68 CONSTITUTIONAL AMENDMENT
69 ARTICLE V, SECTION 8
70 ARTICLE XII
71 ELIGIBILITY FOR APPOINTMENT AND RETENTION OF OFFICE OF
72 JUSTICE OR JUDGE.—Amendment imposes a 2-term limit for supreme
73 court justices, 3-term limit for district courts of appeal
74 judges, and 50-year age minimum for both; requires 1-year
75 service as judge to serve as justice. Currently, both serve
76 unlimited terms, if retained, until age 70, or older if less
77 than one-half term remains at 70; there is no age minimum or
78 service requirement. The term limits do not include partial
79 terms and apply to current justices and judges.
80 BE IT FURTHER RESOLVED that the following statement be
81 placed on the ballot if a court declares the preceding statement
82 defective and the decision of the court is not reversed:
83 CONSTITUTIONAL AMENDMENT
84 ARTICLE V, SECTION 8
85 ARTICLE XII
86 ELIGIBILITY FOR APPOINTMENT AND RETENTION OF OFFICE OF
87 JUSTICE OR JUDGE.—Proposing an amendment to the State
88 Constitution to limit the terms of justices of the Supreme Court
89 to two full terms and judges of the district courts of appeal to
90 three full terms; to require persons to attain the minimum age
91 of 50 to be appointed to such offices; and to require 1 year of
92 service as a judge for a person to be appointed a justice.
93 Currently, there are no minimum age or service requirements to
94 serve as justice or judge, and both now serve unlimited 6-year
95 terms, if retained, until age 70, or older if less than one-half
96 of a term remains at age 70. A partial term would not count
97 toward the limit, which applies to current justices and judges.