Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 140
       
       
       
       
       
       
                                Barcode 291874                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: RCS            .                                
                  01/18/2011           .                                
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       The Committee on Judiciary (Richter) recommended the following:
    1         Senate Substitute for Amendment (297918) (with title
    2  amendment)
    3  
    4         Delete everything after the resolving clause
    5  and insert:
    6         That the following amendments to Sections 8 and 20 of
    7  Article V of the State Constitution are agreed to and shall be
    8  submitted to the electors of this state for approval or
    9  rejection at the next general election or at an earlier special
   10  election specifically authorized by law for that purpose:
   11                              ARTICLE V                            
   12                              JUDICIARY                            
   13         SECTION 8. Eligibility.—No person shall be eligible for
   14  office of justice or judge of any court unless the person is an
   15  elector of the state and resides in the territorial jurisdiction
   16  of the court. No justice or judge shall serve after attaining
   17  the age of seventy years except upon temporary assignment or to
   18  complete a term, one-half of which has been served. No person is
   19  eligible for the office of justice of the supreme court, or
   20  judge of a district court of appeal, circuit court judge, or
   21  county court judge unless the person is, and has been for the
   22  preceding ten years, a member of the bar of Florida. No person
   23  is eligible for the office of circuit judge unless the person
   24  is, and has been for the preceding five years, a member of the
   25  bar of Florida. Unless otherwise provided by general law, no
   26  person is eligible for the office of county court judge unless
   27  the person is, and has been for the preceding five years, a
   28  member of the bar of Florida. Unless otherwise provided by
   29  general law, a person shall be eligible for election or
   30  appointment to the office of county court judge in a county
   31  having a population of 40,000 or less if the person is a member
   32  in good standing of the bar of Florida.
   33         Section 20 Schedule to Article V.—
   34         (a) This article shall replace all of Article V of the
   35  Constitution of 1885, as amended, which shall then stand
   36  repealed.
   37         (b) Except to the extent inconsistent with the provisions
   38  of this article, all provisions of law and rules of court in
   39  force on the effective date of this article shall continue in
   40  effect until superseded in the manner authorized by the
   41  constitution.
   42         (c) After this article becomes effective, and until changed
   43  by general law consistent with sections 1 through 19 of this
   44  article:
   45         (1) The supreme court shall have the jurisdiction
   46  immediately theretofore exercised by it, and it shall determine
   47  all proceedings pending before it on the effective date of this
   48  article.
   49         (2) The appellate districts shall be those in existence on
   50  the date of adoption of this article. There shall be a district
   51  court of appeal in each district. The district courts of appeal
   52  shall have the jurisdiction immediately theretofore exercised by
   53  the district courts of appeal and shall determine all
   54  proceedings pending before them on the effective date of this
   55  article.
   56         (3) Circuit courts shall have jurisdiction of appeals from
   57  county courts and municipal courts, except those appeals which
   58  may be taken directly to the supreme court; and they shall have
   59  exclusive original jurisdiction in all actions at law not
   60  cognizable by the county courts; of proceedings relating to the
   61  settlement of the estate of decedents and minors, the granting
   62  of letters testamentary, guardianship, involuntary
   63  hospitalization, the determination of incompetency, and other
   64  jurisdiction usually pertaining to courts of probate; in all
   65  cases in equity including all cases relating to juveniles; of
   66  all felonies and of all misdemeanors arising out of the same
   67  circumstances as a felony which is also charged; in all cases
   68  involving legality of any tax assessment or toll; in the action
   69  of ejectment; and in all actions involving the titles or
   70  boundaries or right of possession of real property. The circuit
   71  court may issue injunctions. There shall be judicial circuits
   72  which shall be the judicial circuits in existence on the date of
   73  adoption of this article. The chief judge of a circuit may
   74  authorize a county court judge to order emergency
   75  hospitalizations pursuant to Chapter 71-131, Laws of Florida, in
   76  the absence from the county of the circuit judge and the county
   77  court judge shall have the power to issue all temporary orders
   78  and temporary injunctions necessary or proper to the complete
   79  exercise of such jurisdiction.
   80         (4) County courts shall have original jurisdiction in all
   81  criminal misdemeanor cases not cognizable by the circuit courts,
   82  of all violations of municipal and county ordinances, and of all
   83  actions at law in which the matter in controversy does not
   84  exceed the sum of two thousand five hundred dollars ($2,500.00)
   85  exclusive of interest and costs, except those within the
   86  exclusive jurisdiction of the circuit courts. Judges of county
   87  courts shall be committing magistrates. The county courts shall
   88  have jurisdiction now exercised by the county judge’s courts
   89  other than that vested in the circuit court by subsection (c)(3)
   90  hereof, the jurisdiction now exercised by the county courts, the
   91  claims court, the small claims courts, the small claims
   92  magistrates courts, magistrates courts, justice of the peace
   93  courts, municipal courts and courts of chartered counties,
   94  including but not limited to the counties referred to in Article
   95  VIII, sections 9, 10, 11 and 24 of the Constitution of 1885.
   96         (5) Each judicial nominating commission shall be composed
   97  of the following:
   98         a. Three members appointed by the Board of Governors of The
   99  Florida Bar from among The Florida Bar members who are actively
  100  engaged in the practice of law with offices within the
  101  territorial jurisdiction of the affected court, district or
  102  circuit;
  103         b. Three electors who reside in the territorial
  104  jurisdiction of the court or circuit appointed by the governor;
  105  and
  106         c. Three electors who reside in the territorial
  107  jurisdiction of the court or circuit and who are not members of
  108  the bar of Florida, selected and appointed by a majority vote of
  109  the other six members of the commission.
  110         (6) No justice or judge shall be a member of a judicial
  111  nominating commission. A member of a judicial nominating
  112  commission may hold public office other than judicial office. No
  113  member shall be eligible for appointment to state judicial
  114  office so long as that person is a member of a judicial
  115  nominating commission and for a period of two years thereafter.
  116  All acts of a judicial nominating commission shall be made with
  117  a concurrence of a majority of its members.
  118         (7) The members of a judicial nominating commission shall
  119  serve for a term of four years except the terms of the initial
  120  members of the judicial nominating commissions shall expire as
  121  follows:
  122         a. The terms of one member of category a. b. and c. in
  123  subsection (c)(5) hereof shall expire on July 1, 1974;
  124         b. The terms of one member of category a. b. and c. in
  125  subsection (c)(5) hereof shall expire on July 1, 1975;
  126         c. The terms of one member of category a. b. and c. in
  127  subsection (c)(5) hereof shall expire on July 1, 1976;
  128         (8) All fines and forfeitures arising from offenses tried
  129  in the county court shall be collected, and accounted for by
  130  clerk of the court, and deposited in a special trust account.
  131  All fines and forfeitures received from violations of ordinances
  132  or misdemeanors committed within a county or municipal
  133  ordinances committed within a municipality within the
  134  territorial jurisdiction of the county court shall be paid
  135  monthly to the county or municipality respectively. If any costs
  136  are assessed and collected in connection with offenses tried in
  137  county court, all court costs shall be paid into the general
  138  revenue fund of the state of Florida and such other funds as
  139  prescribed by general law.
  140         (9) Any municipality or county may apply to the chief judge
  141  of the circuit in which that municipality or county is situated
  142  for the county court to sit in a location suitable to the
  143  municipality or county and convenient in time and place to its
  144  citizens and police officers and upon such application said
  145  chief judge shall direct the court to sit in the location unless
  146  the chief judge shall determine the request is not justified. If
  147  the chief judge does not authorize the county court to sit in
  148  the location requested, the county or municipality may apply to
  149  the supreme court for an order directing the county court to sit
  150  in the location. Any municipality or county which so applies
  151  shall be required to provide the appropriate physical facilities
  152  in which the county court may hold court.
  153         (10) All courts except the supreme court may sit in
  154  divisions as may be established by local rule approved by the
  155  supreme court.
  156         (11) A county court judge in any county having a population
  157  of 40,000 or less according to the last decennial census, shall
  158  not be required to be a member of the bar of Florida.
  159         (12) Municipal prosecutors may prosecute violations of
  160  municipal ordinances.
  161         (13) Justice shall mean a justice elected or appointed to
  162  the supreme court and shall not include any judge assigned from
  163  any court.
  164         (d) When this article becomes effective:
  165         (1) All courts not herein authorized, except as provided by
  166  subsection (d)(4) of this section shall cease to exist and
  167  jurisdiction to conclude all pending cases and enforce all prior
  168  orders and judgments shall vest in the court that would have
  169  jurisdiction of the cause if thereafter instituted. All records
  170  of and property held by courts abolished hereby shall be
  171  transferred to the proper office of the appropriate court under
  172  this article.
  173         (2) Judges of the following courts, if their terms do not
  174  expire in 1973 and if they are eligible under subsection (d)(8)
  175  hereof, shall become additional judges of the circuit court for
  176  each of the counties of their respective circuits, and shall
  177  serve as such circuit judges for the remainder of the terms to
  178  which they were elected and shall be eligible for election as
  179  circuit judges thereafter. These courts are: civil court of
  180  record of Dade county, all criminal courts of record, the felony
  181  courts of record of Alachua, Leon and Volusia Counties, the
  182  courts of record of Broward, Brevard, Escambia, Hillsborough,
  183  Lee, Manatee and Sarasota Counties, the civil and criminal court
  184  of record of Pinellas County, and county judge’s courts and
  185  separate juvenile courts in counties having a population in
  186  excess of 100,000 according to the 1970 federal census. On the
  187  effective date of this article, there shall be an additional
  188  number of positions of circuit judges equal to the number of
  189  existing circuit judges and the number of judges of the above
  190  named courts whose term expires in 1973. Elections to such
  191  offices shall take place at the same time and manner as
  192  elections to other state judicial offices in 1972 and the terms
  193  of such offices shall be for a term of six years. Unless changed
  194  pursuant to section nine of this article, the number of circuit
  195  judges presently existing and created by this subsection shall
  196  not be changed.
  197         (3) In all counties having a population of less than
  198  100,000 according to the 1970 federal census and having more
  199  than one county judge on the date of the adoption of this
  200  article, there shall be the same number of judges of the county
  201  court as there are county judges existing on that date unless
  202  changed pursuant to section 9 of this article.
  203         (4) Municipal courts shall continue with their same
  204  jurisdiction until amended or terminated in a manner prescribed
  205  by special or general law or ordinances, or until January 3,
  206  1977, whichever occurs first. On that date all municipal courts
  207  not previously abolished shall cease to exist. Judges of
  208  municipal courts shall remain in office and be subject to
  209  reappointment or reelection in the manner prescribed by law
  210  until said courts are terminated pursuant to the provisions of
  211  this subsection. Upon municipal courts being terminated or
  212  abolished in accordance with the provisions of this subsection,
  213  the judges thereof who are not members of the bar of Florida,
  214  shall be eligible to seek election as judges of county courts of
  215  their respective counties.
  216         (5) Judges, holding elective office in all other courts
  217  abolished by this article, whose terms do not expire in 1973
  218  including judges established pursuant to Article VIII, sections
  219  9 and 11 of the Constitution of 1885 shall serve as judges of
  220  the county court for the remainder of the term to which they
  221  were elected. Unless created pursuant to section 9, of this
  222  Article V such judicial office shall not continue to exist
  223  thereafter.
  224         (6) By March 21, 1972, the supreme court shall certify the
  225  need for additional circuit and county judges. The legislature
  226  in the 1972 regular session may by general law create additional
  227  offices of judge, the terms of which shall begin on the
  228  effective date of this article. Elections to such offices shall
  229  take place at the same time and manner as election to other
  230  state judicial offices in 1972.
  231         (7) County judges of existing county judge’s courts and
  232  justices of the peace and magistrates’ court who are not members
  233  of bar of Florida shall be eligible to seek election as county
  234  court judges of their respective counties.
  235         (8) No judge of a court abolished by this article shall
  236  become or be eligible to become a judge of the circuit court
  237  unless the judge has been a member of bar of Florida for the
  238  preceding five years.
  239         (9) The office of judges of all other courts abolished by
  240  this article shall be abolished as of the effective date of this
  241  article.
  242         (10) The offices of county solicitor and prosecuting
  243  attorney shall stand abolished, and all county solicitors and
  244  prosecuting attorneys holding such offices upon the effective
  245  date of this article shall become and serve as assistant state
  246  attorneys for the circuits in which their counties are situate
  247  for the remainder of their terms, with compensation not less
  248  than that received immediately before the effective date of this
  249  article.
  250         (e) LIMITED OPERATION OF SOME PROVISIONS.—
  251         (1) All justices of the supreme court, judges of the
  252  district courts of appeal and circuit judges in office upon the
  253  effective date of this article shall retain their offices for
  254  the remainder of their respective terms. All members of the
  255  judicial qualifications commission in office upon the effective
  256  date of this article shall retain their offices for the
  257  remainder of their respective terms. Each state attorney in
  258  office on the effective date of this article shall retain the
  259  office for the remainder of the term.
  260         (2) No justice or judge holding office immediately after
  261  this article becomes effective who held judicial office on July
  262  1, 1957, shall be subject to retirement from judicial office
  263  because of age pursuant to section 8 of this article.
  264         (f) Until otherwise provided by law, the nonjudicial duties
  265  required of county judges shall be performed by the judges of
  266  the county court.
  267         (g) All provisions of Article V of the Constitution of
  268  1885, as amended, not embraced herein which are not inconsistent
  269  with this revision shall become statutes subject to modification
  270  or repeal as are other statutes.
  271         (h) The requirements of section 14 relative to all county
  272  court judges or any judge of a municipal court who continues to
  273  hold office pursuant to subsection (d)(4) hereof being
  274  compensated by state salaries shall not apply prior to January
  275  3, 1977, unless otherwise provided by general law.
  276         (i) DELETION OF OBSOLETE SCHEDULE ITEMS.—The legislature
  277  shall have power, by concurrent resolution, to delete from this
  278  article any subsection of this section 20 including this
  279  subsection, when all events to which the subsection to be
  280  deleted is or could become applicable have occurred. A
  281  legislative determination of fact made as a basis for
  282  application of this subsection shall be subject to judicial
  283  review.
  284         (j) EFFECTIVE DATE.—Unless otherwise provided herein, this
  285  article shall become effective at 11:59 o’clock P.M., Eastern
  286  Standard Time, January 1, 1973.
  287         (k) QUALIFICATIONS OF CIRCUIT AND COUNTY COURT JUDGES.-The
  288  amendment to Section 8 changing the qualifications of circuit
  289  judges and county court judges shall take effect January 9,
  290  2013. The amendment does not affect any judge in office on the
  291  effective date of the amendment. Any judge qualified to hold
  292  office and in office on January 8, 2013, shall remain in office
  293  and shall be eligible to seek reelection to such judicial office
  294  in the future regardless of whether such judge has been a member
  295  of The Florida Bar for the previous ten years.
  296                      CONSTITUTIONAL AMENDMENT                     
  297                    ARTICLE V, SECTIONS 8 AND 20                   
  298         INCREASING THE QUALIFICATIONS FOR THE OFFICES OF CIRCUIT
  299  COURT AND COUNTY COURT JUDGES.—The State Constitution currently
  300  prohibits a person from serving as a circuit court judge unless
  301  the person is, and has been for the preceding 5 years, a member
  302  of The Florida Bar. This same prohibition applies to county
  303  court judges, except in counties having a population of 40,000
  304  or fewer, where a person need only be a member in good standing
  305  of The Florida Bar. This proposed amendment increases to 10
  306  years the period of time that a person must be a member of The
  307  Florida Bar before serving as a circuit court judge or a county
  308  court judge. However, in counties having a population of 40,000
  309  or fewer, a person continues to be eligible to serve as a county
  310  court judge if he or she is a member in good standing of The
  311  Florida Bar. The increased qualifications do not apply to county
  312  court or circuit court judges in office on January 8, 2013, or
  313  to persons seeking to be elected to the office of county court
  314  or circuit court judge during this election.
  315  
  316  ================= T I T L E  A M E N D M E N T ================
  317         And the title is amended as follows:
  318         Delete everything before the resolving clause
  319  and insert:
  320                        A bill to be entitled                      
  321         A joint resolution proposing amendments to Sections 8
  322         and 20 of Article V of the State Constitution to
  323         increase the period of time that a person must be a
  324         member of The Florida Bar before becoming eligible for
  325         the office of circuit court or county court judge.