Florida Senate - 2018                                    SJR 812
       
       
        
       By Senator Hukill
       
       
       
       
       
       14-00442-18                                            2018812__
    1                       Senate Joint Resolution                     
    2         A joint resolution proposing amendments to Section 17
    3         of Article III and Sections 1 and 11 of Article V of
    4         the State Constitution to require the Legislature to
    5         establish a Court of Claims by general law, to provide
    6         for a judicial nominating commission for the court,
    7         and to provide that Court of Claims judges are subject
    8         to impeachment and trial by the Legislature for
    9         misdemeanors committed in office.
   10          
   11  Be It Resolved by the Legislature of the State of Florida:
   12  
   13         That the following amendments to Section 17 of Article III
   14  and Sections 1 and 11 of Article V of the State Constitution are
   15  agreed to and shall be submitted to the electors of this state
   16  for approval or rejection at the next general election or at an
   17  earlier special election specifically authorized by law for that
   18  purpose:
   19                             ARTICLE III                           
   20                             LEGISLATURE                           
   21         SECTION 17. Impeachment.—
   22         (a) The governor, lieutenant governor, members of the
   23  cabinet, justices of the supreme court, judges of district
   24  courts of appeal, judges of the court of claims, judges of
   25  circuit courts, and judges of county courts shall be liable to
   26  impeachment for misdemeanor in office. The house of
   27  representatives by two-thirds vote shall have the power to
   28  impeach an officer. The speaker of the house of representatives
   29  shall have power at any time to appoint a committee to
   30  investigate charges against any officer subject to impeachment.
   31         (b) An officer impeached by the house of representatives
   32  shall be disqualified from performing any official duties until
   33  acquitted by the senate, and, unless impeached, the governor may
   34  by appointment fill the office until completion of the trial.
   35         (c) All impeachments by the house of representatives shall
   36  be tried by the senate. The chief justice of the supreme court,
   37  or another justice designated by the chief justice, shall
   38  preside at the trial, except in a trial of the chief justice, in
   39  which case the governor shall preside. The senate shall
   40  determine the time for the trial of any impeachment and may sit
   41  for the trial whether the house of representatives be in session
   42  or not. The time fixed for trial shall not be more than six
   43  months after the impeachment. During an impeachment trial
   44  senators shall be upon their oath or affirmation. No officer
   45  shall be convicted without the concurrence of two-thirds of the
   46  members of the senate present. Judgment of conviction in cases
   47  of impeachment shall remove the offender from office and, in the
   48  discretion of the senate, may include disqualification to hold
   49  any office of honor, trust or profit. Conviction or acquittal
   50  shall not affect the civil or criminal responsibility of the
   51  officer.
   52                              ARTICLE V                            
   53                              JUDICIARY                            
   54         SECTION 1. Courts.—The judicial power shall be vested in a
   55  supreme court, district courts of appeal, circuit courts and
   56  county courts. Unless otherwise expressly provided in this
   57  section, no other courts may be established by the state, any
   58  political subdivision, or any municipality. The legislature
   59  shall, by general law, divide the state into appellate court
   60  districts and judicial circuits following county lines.
   61  Commissions established by law, or administrative officers or
   62  bodies may be granted quasi-judicial power in matters connected
   63  with the functions of their offices. The legislature may
   64  establish by general law a civil traffic hearing officer system
   65  for the purpose of hearing civil traffic infractions. The
   66  legislature may, by general law, authorize a military court
   67  martial to be conducted by military judges of the Florida
   68  National Guard, with direct appeal of a decision to the District
   69  Court of Appeal, First District. The legislature shall, by
   70  general law, establish a court of claims to hear suits against
   71  the state and its agencies or political subdivisions for tort
   72  claims for which sovereign immunity is waived in accordance with
   73  Article X, Section 13 when a claimant is seeking to satisfy a
   74  judgment in excess of the recovery limits established under
   75  state law. In implementing legislation establishing a court of
   76  claims, the legislature shall include, but is not limited to,
   77  rules of procedure to govern the court.
   78         SECTION 11. Vacancies.—
   79         (a) Whenever a vacancy occurs in a judicial office to which
   80  election for retention applies, the governor shall fill the
   81  vacancy by appointing for a term ending on the first Tuesday
   82  after the first Monday in January of the year following the next
   83  general election occurring at least one year after the date of
   84  appointment, one of not fewer than three persons nor more than
   85  six persons nominated by the appropriate judicial nominating
   86  commission.
   87         (b) The governor shall fill each vacancy on a circuit court
   88  or on a county court, wherein the judges are elected by a
   89  majority vote of the electors, by appointing for a term ending
   90  on the first Tuesday after the first Monday in January of the
   91  year following the next primary and general election occurring
   92  at least one year after the date of appointment, one of not
   93  fewer than three persons nor more than six persons nominated by
   94  the appropriate judicial nominating commission. An election
   95  shall be held to fill that judicial office for the term of the
   96  office beginning at the end of the appointed term.
   97         (c) The nominations shall be made within thirty days from
   98  the occurrence of a vacancy unless the period is extended by the
   99  governor for a time not to exceed thirty days. The governor
  100  shall make the appointment within sixty days after the
  101  nominations have been certified to the governor.
  102         (d) There shall be a separate judicial nominating
  103  commission as provided by general law for the supreme court,
  104  each district court of appeal, the court of claims, and each
  105  judicial circuit for all trial courts within the circuit.
  106  Uniform rules of procedure shall be established by the judicial
  107  nominating commissions at each level of the court system. Such
  108  rules, or any part thereof, may be repealed by general law
  109  enacted by a majority vote of the membership of each house of
  110  the legislature, or by the supreme court, five justices
  111  concurring. Except for deliberations of the judicial nominating
  112  commissions, the proceedings of the commissions and their
  113  records shall be open to the public.
  114         BE IT FURTHER RESOLVED that the following statement be
  115  placed on the ballot:
  116                      CONSTITUTIONAL AMENDMENT                     
  117                       ARTICLE III, SECTION 17                     
  118                    ARTICLE V, SECTIONS 1 AND 11                   
  119         ESTABLISHMENT OF COURT OF CLAIMS.—Requires the Legislature
  120  to establish a Court of Claims to hear suits for tort claims
  121  against the state and its agencies and political subdivisions
  122  when a claimant is seeking to satisfy a judgment in excess of
  123  the recovery limits established under state law. The amendment
  124  requires a judicial nominating commission for the court and
  125  provides that a Court of Claims judge is subject to impeachment
  126  and trial by the Legislature for misdemeanors in office.