Florida Senate - 2011                        COMMITTEE AMENDMENT
       Bill No. SJR 2084
       
       
       
       
       
       
                                Barcode 147806                          
       
                              LEGISLATIVE ACTION                        
                    Senate             .             House              
                  Comm: FAV            .                                
                  04/28/2011           .                                
                                       .                                
                Floor: 1/AD/2R         .                                
             04/28/2011 02:49 PM       .                                
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       The Committee on Budget (Alexander) recommended the following:
       
    1         Senate Amendment (with title amendment)
    2  
    3  
    4         Delete everything after the resolving clause
    5  and insert:
    6         That the following amendments to Sections 2, 3, 4, 7, 11,
    7  12, and 14 of Article V, and the creation of Section 21 of
    8  Article V, of the State Constitution are agreed to and shall be
    9  submitted to the electors of this state for approval or
   10  rejection at the next general election or at an earlier special
   11  election specifically authorized by law for that purpose:
   12                              ARTICLE V                            
   13                              JUDICIARY                            
   14         SECTION 2. Administration; practice and procedure.—
   15         (a) The supreme court shall adopt rules for the practice
   16  and procedure in all courts including the time for seeking
   17  appellate review, the administrative supervision of all courts,
   18  the transfer to the court having jurisdiction of any proceeding
   19  when the jurisdiction of another court has been improvidently
   20  invoked, and a requirement that no cause shall be dismissed
   21  because an improper remedy has been sought. The supreme court
   22  shall adopt rules to allow it the court and the district courts
   23  of appeal to submit questions relating to military law to the
   24  federal Court of Appeals for the Armed Forces for an advisory
   25  opinion. Rules of court may be repealed by general law that
   26  expresses the policy behind the repeal enacted by two-thirds
   27  vote of the membership of each house of the legislature. The
   28  court may readopt the repealed rule only in conformity with the
   29  public policy expressed by the legislature. If the legislature
   30  repeals the readopted rule, the rule may not be readopted
   31  thereafter without prior approval of the legislature. The
   32  divisions of the court shall meet jointly to adopt rules or the
   33  court may designate a division to adopt any specific class of
   34  rules.
   35         (b)(1) The chief justice of the supreme court of Florida
   36  shall be chosen by a majority of the members of the court; shall
   37  be the chief administrative officer of the judicial system; and
   38  shall have the power to assign justices or judges, including
   39  consenting retired justices or judges, to temporary duty in any
   40  court for which the judge is qualified and to delegate to a
   41  chief judge of a judicial circuit the power to assign judges for
   42  duty in that circuit.
   43         (2) The chief justice of a division of the supreme court
   44  shall be designated by the governor, subject to confirmation by
   45  the senate. The chief justices of the divisions shall serve
   46  staggered terms of eight years and shall be the chief
   47  administrative officers of their respective divisions. In the
   48  second half of any term as chief justice of a division, the
   49  chief justice shall serve as the chief justice of the supreme
   50  court. A justice may serve more than one term as chief justice
   51  of the division. A chief justice of a division is subject to the
   52  same requirements of eligibility and retention as a justice of
   53  the supreme court.
   54         (3) If there is a vacancy in the position of chief justice
   55  of a division, the justice who has served the most time with the
   56  division shall be the acting chief justice until a new chief
   57  justice of the division is appointed and confirmed for the
   58  remainder of the term.
   59         (c) A chief judge for each district court of appeal shall
   60  be chosen by a majority of the judges thereof or, if there is no
   61  majority, by the chief justice. The chief judge of a district
   62  court shall be responsible for the administrative supervision of
   63  the district court.
   64         (d) A chief judge in each circuit shall be chosen from
   65  among the circuit judges as provided by supreme court rule. The
   66  chief judge of a circuit shall be responsible for the
   67  administrative supervision of the circuit courts and county
   68  courts in the his circuit.
   69         SECTION 3. Supreme court; divisions.—
   70         (a) ORGANIZATION.—The supreme court shall consist of ten
   71  seven justices. Of the ten justices, five justices shall serve
   72  in the civil division and five justices shall serve in the
   73  criminal division. In each division Of the seven justices, each
   74  appellate district shall have at least one justice elected or
   75  appointed from the district to the supreme court division who is
   76  a resident of the district at the time of the original
   77  appointment or election. Four Five justices of a division shall
   78  constitute a quorum for that division and. the concurrence of
   79  three four justices shall be necessary to a decision. When
   80  vacancies or recusals for cause would prohibit the court from
   81  convening because of the requirements of this subsection
   82  section, judges assigned to temporary duty may be substituted
   83  for justices. The justices of both divisions, with seven
   84  justices constituting a quorum, shall jointly meet regarding
   85  disciplinary cases, and may jointly meet at the discretion of
   86  the chief justice regarding court rules or administrative
   87  supervision of the courts. The justices shall not otherwise meet
   88  en banc.
   89         (b) JURISDICTION.—The appropriate division of the supreme
   90  court:
   91         (1) Shall hear appeals from final judgments of trial courts
   92  imposing the death penalty and from decisions of district courts
   93  of appeal declaring invalid a state statute or a provision of
   94  the state constitution.
   95         (2) When provided by general law, shall hear appeals from
   96  final judgments entered in proceedings for the validation of
   97  bonds or certificates of indebtedness and shall review action of
   98  statewide agencies relating to rates or service of utilities
   99  providing electric, gas, or telephone service. Only the civil
  100  division may have jurisdiction pursuant to this paragraph.
  101         (3) May review any decision of a district court of appeal
  102  that expressly declares valid a state statute, or that expressly
  103  construes a provision of the state or federal constitution, or
  104  that expressly affects a class of constitutional or state
  105  officers, or that expressly and directly conflicts with a
  106  decision of another district court of appeal or of the supreme
  107  court on the same question of law, provided that the conflict
  108  appears on the face of the majority, concurring, or dissenting
  109  district court opinion.
  110         (4) May review any decision of a district court of appeal
  111  that passes upon a question certified by the district court of
  112  appeal it to be of great public importance, that appears to a
  113  division to be of great public importance based on information
  114  on the face of the majority, concurring, or dissenting district
  115  court opinion, or that is certified by the district court of
  116  appeal it to be in direct conflict with a decision of another
  117  district court of appeal.
  118         (5) May review any order or judgment of a trial court
  119  certified by the district court of appeal in which an appeal is
  120  pending to be of great public importance, or to have a great
  121  effect on the proper administration of justice throughout the
  122  state, and certified to require immediate resolution by the
  123  supreme court.
  124         (6) May review a question of law certified by the Supreme
  125  Court of the United States or a United States Court of Appeals
  126  which is determinative of the cause and for which there is no
  127  controlling precedent of the supreme court of Florida.
  128         (7) May issue writs of prohibition to courts and all writs
  129  necessary to the complete exercise of its jurisdiction.
  130         (8) May issue writs of mandamus and quo warranto to state
  131  officers and state agencies.
  132         (9) May, or any justice may, issue writs of habeas corpus
  133  returnable before the supreme court or any justice, a district
  134  court of appeal or any judge thereof, or any circuit judge. Only
  135  a justice in the criminal division may issue a writ of habeas
  136  corpus in a criminal case.
  137         (10) Shall, when requested by the attorney general pursuant
  138  to the provisions of Section 10 of Article IV, render an
  139  advisory opinion of the justices, addressing issues as provided
  140  by general law.
  141         (11) Shall hear appeals from final judgments of trial
  142  courts imposing the death penalty. Only the criminal division
  143  has any jurisdiction pursuant to this paragraph.
  144         (c) ASSIGNMENT OF CASES TO DIVISIONS.—Criminal and civil
  145  cases are to be referred to each division in a manner consistent
  146  with this section.
  147         (1) A criminal case is any case or controversy primarily
  148  involving the commission of a felony or misdemeanor. A criminal
  149  case shall also include any case or controversy involving
  150  criminal law, criminal penalties, criminal procedure, juvenile
  151  delinquency, or any related action regarding the interpretation
  152  of or resolution of matters directly affecting the criminal law.
  153  Equitable relief related to the criminal law, including actions
  154  in which a party seeks to enjoin the application or form of a
  155  criminal penalty, shall be within the jurisdiction of the
  156  criminal division.
  157         (2) A civil case is any case or controversy within the
  158  traditional concepts of civil law, including tort, contract,
  159  family law, probate, trusts, real property, employment law,
  160  taxation, and elections. The civil division shall have no
  161  jurisdiction or authority, whether express or implied, to issue
  162  a stay of execution or to hear any challenge of any law or
  163  procedure regarding the death penalty or the administration of a
  164  criminal penalty.
  165         (3) The legislature may, by general law, further define the
  166  types of cases that are to be referred to each division in a
  167  manner consistent with this section.
  168         (d) JURISDICTIONAL CONFLICTS.—If both divisions assert
  169  jurisdiction over a particular case, the chief justice of the
  170  supreme court of Florida shall decide where jurisdiction is
  171  appropriate.
  172         (c) CLERK AND MARSHAL.—The supreme court shall appoint a
  173  clerk and a marshal who shall hold office during the pleasure of
  174  the court and perform such duties as the court directs. Their
  175  compensation shall be fixed by general law. The marshal shall
  176  have the power to execute the process of the court throughout
  177  the state, and in any county may deputize the sheriff or a
  178  deputy sheriff for such purpose.
  179         SECTION 4. District courts of appeal.—
  180         (a) ORGANIZATION.—There shall be a district court of appeal
  181  serving each appellate district. Each district court of appeal
  182  shall consist of at least three judges. Three judges shall
  183  consider each case and the concurrence of two shall be necessary
  184  to a decision.
  185         (b) JURISDICTION.—
  186         (1) District courts of appeal shall have jurisdiction to
  187  hear appeals, that may be taken as a matter of right, from final
  188  judgments or orders of trial courts, including those entered on
  189  review of administrative action, not directly appealable to the
  190  supreme court or a circuit court. They may review interlocutory
  191  orders in such cases to the extent provided by rules adopted by
  192  the supreme court.
  193         (2) District courts of appeal shall have the power of
  194  direct review of administrative action, as prescribed by general
  195  law.
  196         (3) A district court of appeal or any judge thereof may
  197  issue writs of habeas corpus returnable before the court or any
  198  judge thereof or before any circuit judge within the territorial
  199  jurisdiction of the court. A district court of appeal may issue
  200  writs of mandamus, certiorari, prohibition, quo warranto, and
  201  other writs necessary to the complete exercise of its
  202  jurisdiction. To the extent necessary to dispose of all issues
  203  in a cause properly before it, a district court of appeal may
  204  exercise any of the appellate jurisdiction of the circuit
  205  courts.
  206         (c) CLERKS AND MARSHALS.—Each district court of appeal
  207  shall appoint a clerk and a marshal who shall hold office during
  208  the pleasure of the court and perform such duties as the court
  209  directs. Their compensation shall be fixed by general law. The
  210  marshal shall have the power to execute the process of the court
  211  throughout the territorial jurisdiction of the court, and in any
  212  county may deputize the sheriff or a deputy sheriff for such
  213  purpose.
  214         SECTION 7. Specialized divisions.—The supreme court shall
  215  sit in a civil division and a criminal division, except where
  216  specifically authorized in this article to sit jointly. All
  217  other courts except the supreme court may sit in divisions as
  218  may be established by general law. A circuit or county court may
  219  hold civil and criminal trials and hearings in any place within
  220  the territorial jurisdiction of the court as designated by the
  221  chief judge of the circuit.
  222         SECTION 11. Vacancies.—
  223         (a) Whenever a vacancy occurs in a judicial office to which
  224  election for retention applies, the governor shall fill the
  225  vacancy by appointing for a term ending on the first Tuesday
  226  after the first Monday in January of the year following the next
  227  general election occurring at least one year after the date of
  228  appointment, one of not fewer than three persons nor more than
  229  six persons nominated by the appropriate judicial nominating
  230  commission.
  231         (b) The governor shall fill each vacancy on a circuit court
  232  or on a county court, wherein the judges are elected by a
  233  majority vote of the electors, by appointing for a term ending
  234  on the first Tuesday after the first Monday in January of the
  235  year following the next primary and general election occurring
  236  at least one year after the date of appointment, one of not
  237  fewer than three persons nor more than six persons nominated by
  238  the appropriate judicial nominating commission. An election
  239  shall be held to fill that judicial office for the term of the
  240  office beginning at the end of the appointed term.
  241         (c) The nominations shall be made within thirty days from
  242  the occurrence of a vacancy unless the period is extended by the
  243  governor for a time not to exceed thirty days. The governor
  244  shall make the appointment within sixty days after the
  245  nominations have been certified to the governor.
  246         (d) Each appointment of a justice of the supreme court is
  247  subject to confirmation by the senate. The senate shall sit for
  248  the purposes of confirmation regardless of whether the house of
  249  representatives is in session or not. The senate shall vote on
  250  the appointment of a justice within 90 days after the
  251  appointment. If the senate votes to not confirm the appointment,
  252  the supreme court judicial nominating commission shall reconvene
  253  as though a new vacancy had occurred but may not renominate any
  254  person whose prior appointment to fill the same vacancy was not
  255  confirmed by the senate. The appointment of a justice is
  256  effective upon confirmation by the senate. A justice in one
  257  division may apply for a position in the other division but may
  258  not concurrently serve on both.
  259         (e)(d) There shall be a separate judicial nominating
  260  commission as provided by general law for the supreme court, one
  261  for each district court of appeal, and one for each judicial
  262  circuit for all trial courts within the circuit. Uniform rules
  263  of procedure shall be established by the judicial nominating
  264  commissions at each level of the court system. Such rules, or
  265  any part thereof, may be repealed by general law enacted by a
  266  majority vote of the membership of each house of the
  267  legislature, or by a majority vote of the justices of each
  268  division of the supreme court, five justices concurring. Except
  269  for deliberations of the judicial nominating commissions, the
  270  proceedings of the commissions and their records shall be open
  271  to the public.
  272         SECTION 12. Discipline; removal and retirement.—
  273         (a) JUDICIAL QUALIFICATIONS COMMISSION.—A judicial
  274  qualifications commission is created.
  275         (1) There shall be a judicial qualifications commission
  276  vested with jurisdiction to investigate and recommend to the
  277  Supreme Court of Florida the removal from office of any justice
  278  or judge whose conduct, during term of office or otherwise,
  279  occurring on or after November 1, 1966, (without regard to the
  280  effective date of this section) demonstrates a present unfitness
  281  to hold office, and to investigate and recommend the discipline
  282  of a justice or judge whose conduct, during term of office or
  283  otherwise occurring on or after November 1, 1966 (without regard
  284  to the effective date of this section), warrants such
  285  discipline. For purposes of this section, discipline is defined
  286  as any or all of the following: reprimand, fine, suspension with
  287  or without pay, or lawyer discipline. The commission shall have
  288  jurisdiction over justices and judges regarding allegations that
  289  misconduct occurred before or during service as a justice or
  290  judge if a complaint is made no later than one year following
  291  service as a justice or judge. The commission shall have
  292  jurisdiction regarding allegations of incapacity during service
  293  as a justice or judge. The commission shall be composed of:
  294         a. Two judges of district courts of appeal selected by the
  295  judges of those courts, two circuit judges selected by the
  296  judges of the circuit courts and two judges of county courts
  297  selected by the judges of those courts;
  298         b. Four electors who reside in the state, who are members
  299  of the bar of Florida, and who shall be chosen by the governing
  300  body of the bar of Florida; and
  301         c. Five electors who reside in the state, who have never
  302  held judicial office or been members of the bar of Florida, and
  303  who shall be appointed by the governor.
  304         (2) The members of the judicial qualifications commission
  305  shall serve staggered terms, not to exceed six years, as
  306  prescribed by general law. No member of the commission except a
  307  judge shall be eligible for state judicial office while acting
  308  as a member of the commission and for a period of two years
  309  thereafter. No member of the commission shall hold office in a
  310  political party or participate in any campaign for judicial
  311  office or hold public office; provided that a judge may campaign
  312  for judicial office and hold that office. The commission shall
  313  elect one of its members as its chairperson.
  314         (3) Members of the judicial qualifications commission not
  315  subject to impeachment shall be subject to removal from the
  316  commission pursuant to the provisions of Article IV, Section 7,
  317  Florida Constitution.
  318         (4) The commission shall adopt rules regulating its
  319  proceedings, the filling of vacancies by the appointing
  320  authorities, the disqualification of members, the rotation of
  321  members between the panels, and the temporary replacement of
  322  disqualified or incapacitated members. The commission’s rules,
  323  or any part thereof, may be repealed by general law enacted by a
  324  majority vote of the membership of each house of the
  325  legislature, or by the supreme court, seven five justices
  326  concurring. The commission shall have power to issue subpoenas.
  327  Until formal charges against a justice or judge are filed by the
  328  investigative panel with the clerk of the supreme court of
  329  Florida all proceedings by or before the commission shall be
  330  confidential; provided, however, upon a finding of probable
  331  cause and the filing by the investigative panel with said clerk
  332  of such formal charges against a justice or judge such charges
  333  and all further proceedings before the commission shall be
  334  public.
  335         (5) The commission shall have access to all information
  336  from all executive, legislative and judicial agencies, including
  337  grand juries, subject to the rules of the commission. At any
  338  time, on request of the speaker of the house of representatives
  339  or the governor, the commission shall make available to the
  340  house of representatives all information in the possession of
  341  the commission, which information shall remain confidential
  342  during any investigation and until such information is used in
  343  the pursuit for use in consideration of impeachment or
  344  suspension, respectively.
  345         (b) PANELS.—The commission shall be divided into an
  346  investigative panel and a hearing panel as established by rule
  347  of the commission. The investigative panel is vested with the
  348  jurisdiction to receive or initiate complaints, conduct
  349  investigations, dismiss complaints, and upon a vote of a simple
  350  majority of the panel submit formal charges to the hearing
  351  panel. The hearing panel is vested with the authority to receive
  352  and hear formal charges from the investigative panel and upon a
  353  two-thirds vote of the panel recommend to the supreme court the
  354  removal of a justice or judge or the involuntary retirement of a
  355  justice or judge for any permanent disability that seriously
  356  interferes with the performance of judicial duties. Upon a
  357  simple majority vote of the membership of the hearing panel, the
  358  panel may recommend to the supreme court that the justice or
  359  judge be subject to appropriate discipline.
  360         (c) SUPREME COURT.—The supreme court shall receive
  361  recommendations from the judicial qualifications commission’s
  362  hearing panel.
  363         (1) The supreme court may accept, reject, or modify in
  364  whole or in part the findings, conclusions, and recommendations
  365  of the commission and it may order that the justice or judge be
  366  subjected to appropriate discipline, or be removed from office
  367  with termination of compensation for willful or persistent
  368  failure to perform judicial duties or for other conduct
  369  unbecoming a member of the judiciary demonstrating a present
  370  unfitness to hold office, or be involuntarily retired for any
  371  permanent disability that seriously interferes with the
  372  performance of judicial duties. Malafides, scienter or moral
  373  turpitude on the part of a justice or judge shall not be
  374  required for removal from office of a justice or judge whose
  375  conduct demonstrates a present unfitness to hold office. After
  376  the filing of a formal proceeding and upon request of the
  377  investigative panel, the supreme court may suspend the justice
  378  or judge from office, with or without compensation, pending
  379  final determination of the inquiry.
  380         (2) The supreme court may award costs to the prevailing
  381  party.
  382         (d) REMOVAL POWER.—The power of removal conferred by this
  383  section shall be both alternative and cumulative to the power of
  384  impeachment.
  385         (e) PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.
  386  Notwithstanding any of the foregoing provisions of this section,
  387  if the person who is the subject of proceedings by the judicial
  388  qualifications commission is a justice of the supreme court of
  389  Florida all justices of such court automatically shall be
  390  disqualified to sit as justices of such court with respect to
  391  all proceedings therein concerning such person and the supreme
  392  court for such purposes shall be composed of a panel consisting
  393  of the seven chief judges of the judicial circuits of the state
  394  of Florida most senior in tenure of judicial office as circuit
  395  judge. For purposes of determining seniority of such circuit
  396  judges in the event there be judges of equal tenure in judicial
  397  office as circuit judge the judge or judges from the lower
  398  numbered circuit or circuits shall be deemed senior. In the
  399  event any such chief circuit judge is under investigation by the
  400  judicial qualifications commission or is otherwise disqualified
  401  or unable to serve on the panel, the next most senior chief
  402  circuit judge or judges shall serve in place of such
  403  disqualified or disabled chief circuit judge.
  404         (f) SCHEDULE TO SECTION 12.—
  405         (1) Except to the extent inconsistent with the provisions
  406  of this section, all provisions of law and rules of court in
  407  force on the effective date of this article shall continue in
  408  effect until superseded in the manner authorized by the
  409  constitution.
  410         (2) After this section becomes effective and until adopted
  411  by rule of the commission consistent with it:
  412         a. The commission shall be divided, as determined by the
  413  chairperson, into one investigative panel and one hearing panel
  414  to meet the responsibilities set forth in this section.
  415         b. The investigative panel shall be composed of:
  416         1. Four judges,
  417         2. Two members of the bar of Florida, and
  418         3. Three non-lawyers.
  419         c. The hearing panel shall be composed of:
  420         1. Two judges,
  421         2. Two members of the bar of Florida, and
  422         3. Two non-lawyers.
  423         d. Membership on the panels may rotate in a manner
  424  determined by the rules of the commission provided that no
  425  member shall vote as a member of the investigative and hearing
  426  panel on the same proceeding.
  427         e. The commission shall hire separate staff for each panel.
  428         f. The members of the commission shall serve for staggered
  429  terms of six years.
  430         g. The terms of office of the present members of the
  431  judicial qualifications commission shall expire upon the
  432  effective date of the amendments to this section approved by the
  433  legislature during the regular session of the legislature in
  434  1996 and new members shall be appointed to serve the following
  435  staggered terms:
  436         1. Group I.—The terms of five members, composed of two
  437  electors as set forth in s. 12(a)(1)c. of Article V, one member
  438  of the bar of Florida as set forth in s. 12(a)(1)b. of Article
  439  V, one judge from the district courts of appeal and one circuit
  440  judge as set forth in s. 12(a)(1)a. of Article V, shall expire
  441  on December 31, 1998.
  442         2. Group II.—The terms of five members, composed of one
  443  elector as set forth in s. 12(a)(1)c. of Article V, two members
  444  of the bar of Florida as set forth in s. 12(a)(1)b. of Article
  445  V, one circuit judge and one county judge as set forth in s.
  446  12(a)(1)a. of Article V shall expire on December 31, 2000.
  447         3. Group III.—The terms of five members, composed of two
  448  electors as set forth in s. 12(a)(1)c. of Article V, one member
  449  of the bar of Florida as set forth in s. 12(a)(1)b., one judge
  450  from the district courts of appeal and one county judge as set
  451  forth in s. 12(a)(1)a. of Article V, shall expire on December
  452  31, 2002.
  453         g.h. An appointment to fill a vacancy of the commission
  454  shall be for the remainder of the term.
  455         h.i. Selection of members by district courts of appeal
  456  judges, circuit judges, and county court judges, shall be by no
  457  less than a majority of the members voting at the respective
  458  courts’ conferences. Selection of members by the board of
  459  governors of the bar of Florida shall be by no less than a
  460  majority of the board.
  461         i.j. The commission shall be entitled to recover the costs
  462  of investigation and prosecution, in addition to any penalty
  463  levied by the supreme court.
  464         j.k. The compensation of members and referees shall be the
  465  travel expenses or transportation and per diem allowance as
  466  provided by general law.
  467         SECTION 14. Funding.—
  468         (a) All justices and judges shall be compensated only by
  469  state salaries fixed by general law. Funding for the state
  470  courts system, state attorneys’ offices, public defenders’
  471  offices, and court-appointed counsel, except as otherwise
  472  provided in subsection (c), shall be provided from state
  473  revenues appropriated by general law.
  474         (b) All funding for the offices of the clerks of the
  475  circuit and county courts performing court-related functions,
  476  except as otherwise provided in this subsection and subsection
  477  (c), shall be provided by adequate and appropriate filing fees
  478  for judicial proceedings and service charges and costs for
  479  performing court-related functions as required by general law.
  480  Selected salaries, costs, and expenses of the state courts
  481  system may be funded from appropriate filing fees for judicial
  482  proceedings and service charges and costs for performing court
  483  related functions, as provided by general law. Where the
  484  requirements of either the United States Constitution or the
  485  Constitution of the State of Florida preclude the imposition of
  486  filing fees for judicial proceedings and service charges and
  487  costs for performing court-related functions sufficient to fund
  488  the court-related functions of the offices of the clerks of the
  489  circuit and county courts, the state shall provide, as
  490  determined by the legislature, adequate and appropriate
  491  supplemental funding from state revenues appropriated by general
  492  law.
  493         (c) No county or municipality, except as provided in this
  494  subsection, shall be required to provide any funding for the
  495  state courts system, state attorneys’ offices, public defenders’
  496  offices, court-appointed counsel or the offices of the clerks of
  497  the circuit and county courts performing court-related
  498  functions. Counties shall be required to fund the cost of
  499  communications services, existing radio systems, existing multi
  500  agency criminal justice information systems, and the cost of
  501  construction or lease, maintenance, utilities, and security of
  502  facilities for the trial courts, public defenders’ offices,
  503  state attorneys’ offices, and the offices of the clerks of the
  504  circuit and county courts performing court-related functions.
  505  Counties shall also pay reasonable and necessary salaries,
  506  costs, and expenses of the state courts system to meet local
  507  requirements as determined by general law.
  508         (d) The judiciary shall have no power to fix
  509  appropriations.
  510         (e) The total appropriation of all fund sources to the
  511  judicial branch shall equal no less than 2.25 percent of the
  512  total general revenue funds appropriated in the general
  513  appropriation bill referred to in Section 19(b) of Article III.
  514  Any adjustments to the total appropriations of all fund sources
  515  to the judicial branch made in any special appropriations act
  516  shall equal no more than the percent of total general revenue
  517  appropriations adjusted in such special appropriations act. For
  518  purposes of this subsection, the judicial branch does not
  519  include the Justice Administrative Commission or any of the
  520  entities for which the Justice Administrative Commission
  521  provides administrative services.
  522         SECTION 21. Schedule to Article V revision increasing the
  523  membership of the supreme court and creating divisions thereof.—
  524         (a) Except to the extent inconsistent with this article,
  525  all provisions of law and rules of court in force on the
  526  effective date of this article shall continue in effect until
  527  superseded in the manner authorized by the constitution.
  528         (b) The effective date of the revision creating two
  529  divisions of the supreme court shall be upon passage by the
  530  electorate.
  531         (1) On the first day after the election approving the
  532  revision, the supreme court shall rank all of the justices then
  533  in office by seniority in service on the supreme court. The
  534  three who have the most seniority shall be the initial justices
  535  assigned to the criminal division, and the remaining justices
  536  shall be the initial justices assigned to the civil division.
  537  Initial appointments of existing justices to either division
  538  shall not be limited by the district court from which the
  539  justice was appointed. A justice assigned to a division of the
  540  supreme court pursuant to this paragraph shall remain in the
  541  same term of office and shall sit for future retention elections
  542  on the same cycle. The supreme court shall immediately transmit
  543  to the governor the names of the justices, their division
  544  assignments, and the districts from which they were appointed.
  545  The governor shall then direct the supreme court nominating
  546  commission to make its recommendations for the open seats of
  547  justices for both divisions, which recommendations must be
  548  delivered to the governor no later than the 60th day after the
  549  election. Before the 90th day after the election, the governor
  550  shall make the appointments for the open seats of justices for
  551  both divisions and shall also designate the chief justices of
  552  each division. The appointments and designations shall, in this
  553  instance only, not be subject to the advice and consent of the
  554  senate.
  555         (2) The supreme court shall inventory all cases in its
  556  possession and determine as to each case whether it will be
  557  assigned to the criminal division or the civil division. Newly
  558  filed cases shall be designated between the two new divisions as
  559  they are filed. The supreme court shall retain full jurisdiction
  560  and power over all cases until such cases are actually assigned
  561  to a division, including the power to issue final process that
  562  would have the effect of removing the case from the inventory of
  563  cases to be assigned.
  564         (c) The two divisions of the supreme court shall begin
  565  formal operations on the 120th day after the election. On that
  566  day:
  567         (1) Newly appointed justices shall take office.
  568         (2) The jurisdiction of the supreme court shall be divided
  569  between the divisions, the jurisdictional changes in Sections
  570  3(b)(3) and 3(b)(4) shall take effect, and all pending cases
  571  shall be assigned to the appropriate division.
  572         (3) The term of the supreme court shall be deemed to have
  573  ended. All mandates issued by the supreme court prior to the end
  574  of the term shall be final and not subject to recall. No motion
  575  for reconsideration shall be considered.
  576         (d) The initial chief justice of the civil division shall
  577  also be the chief justice of the supreme court of Florida and
  578  shall serve in that position from the 120th day after the
  579  election through June 30, 2016. The initial chief justice of the
  580  criminal division shall be the chief justice of the criminal
  581  division from the 120th day after the election through June 30,
  582  2020. Thereafter, the offices of the chief justices of the
  583  divisions shall alternate as provided in Section 2.
  584         (e) All court rules adopted by the supreme court shall
  585  continue in full force and effect after the effective date of
  586  this revision, subject to future amendment or repeal.
  587         (f) The legislature may, by general law, otherwise provide
  588  for the administrative transfer of employees, property, duties,
  589  and functions between the divisions.
  590         (g) The change in court funding provided in Section 14(e)
  591  shall be effective commencing in fiscal year 2013-2014.
  592         (h) The legislature shall have the power, by concurrent
  593  resolution, to delete from this article any subsection of this
  594  section 21, including this subsection, when all events to which
  595  the subsection to be deleted is or could become applicable have
  596  occurred.
  597         BE IT FURTHER RESOLVED that the following statement be
  598  placed on the ballot:
  599                      CONSTITUTIONAL AMENDMENT                     
  600         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  601         STATE COURTS.—Proposing a revision of Article V of the
  602  State Constitution relating to the judiciary.
  603         Under current law, the Florida Supreme Court is the highest
  604  court in Florida and hears both civil and criminal cases. It has
  605  7 appointed justices. This revision would divide the current
  606  Supreme Court into two divisions, one hearing civil cases and
  607  the other hearing criminal cases. Each division would have 5
  608  appointed justices who are permanently assigned. The 3 current
  609  justices who have the most service with the Florida Supreme
  610  Court would be assigned to the criminal division, the remaining
  611  4 current justices would be assigned to the civil division, and
  612  the Governor would appoint 3 new justices to fill the remaining
  613  openings in the two divisions. The existing jurisdiction of the
  614  Supreme Court would be expanded to allow discretionary review of
  615  certain district court of appeal decisions. This revision
  616  generally defines the civil law and criminal law jurisdiction of
  617  each division, provides for assignment of cases to each
  618  respective division, and allows the Legislature, by general law,
  619  to further define the jurisdictions of each division. The
  620  jurisdiction of a division will be limited to the division’s
  621  area, whether civil or criminal. The power of justices of the
  622  criminal division to hear appeals from final judgments entered
  623  in proceedings for the validation of bonds or certificates of
  624  indebtedness and to review action of statewide agencies relating
  625  to rates or service of utilities providing electric, gas, or
  626  telephone service is limited by this revision and granted
  627  exclusively to the civil division. The power of justices of the
  628  civil division to issue a writ of habeas corpus and to hear
  629  appeals from final judgments of trial courts imposing the death
  630  penalty is limited by this revision and granted exclusively to
  631  the justices of the criminal division. This revision provides
  632  that if both divisions assert jurisdiction over a case, the
  633  Chief Justice of the Supreme Court of Florida will decide where
  634  jurisdiction is appropriate.
  635         This proposed revision also creates a title of chief
  636  justice in each of the divisions with an 8-year term. The
  637  constitution currently provides that the Chief Justice of the
  638  Supreme Court is the administrative head of the state judicial
  639  system. This revision provides that the position of Chief
  640  Justice of the Supreme Court will rotate every 4 years between
  641  the chief justice of the civil division and the chief justice of
  642  the criminal division. The constitution currently also provides
  643  that the chief justice is chosen by vote of the justices. This
  644  revision provides that the initial new justices and the initial
  645  chief justice of each division will be selected by the Governor
  646  and future chief justices will be selected by the Governor
  647  subject to Senate confirmation. A chief justice is, like a
  648  regular justice under current law, subject to retention election
  649  and mandatory retirement requirements applicable to all Florida
  650  justices and judges.
  651         Under current law, the Governor appoints a justice from a
  652  list of nominees provided by a judicial nominating commission,
  653  and appointments by the Governor are not subject to
  654  confirmation. Other than the initial 3 new appointees, this
  655  revision requires Senate confirmation of a justice before the
  656  appointee can take office. If the Senate votes not to confirm
  657  the appointment, the judicial nominating commission must
  658  reconvene and may not renominate any person whose prior
  659  appointment to fill the same vacancy was not confirmed by the
  660  Senate. For the purpose of confirmation, the Senate shall meet
  661  regardless of whether the House of Representatives is in
  662  session. The Senate shall vote on the appointment of a justice
  663  within 90 days after the appointment.
  664         The State Constitution authorizes the Supreme Court to
  665  adopt rules for the practice and procedure in all courts. The
  666  constitution further provides that a rule of court may be
  667  repealed by a general law enacted by a two-thirds vote of the
  668  membership of each house of the Legislature. This proposed
  669  constitutional revision eliminates the requirement that a
  670  general law repealing a court rule pass by a two-thirds vote of
  671  each house. The Legislature could repeal a rule of court by a
  672  general law approved by a majority vote of each house of the
  673  Legislature that expresses the policy behind the repeal. The
  674  court could readopt the rule in conformity with the public
  675  policy expressed by the Legislature, but if the Legislature
  676  repeals the readopted rule, this proposed revision prohibits the
  677  court from readopting the repealed rule without the
  678  Legislature’s prior approval. Court rules may be adopted by both
  679  divisions of the Supreme Court meeting jointly, or the court may
  680  elect to divide classes of rules between the divisions.
  681         The Judicial Qualifications Commission is an independent
  682  commission created by the State Constitution to investigate and
  683  prosecute before the Florida Supreme Court alleged misconduct by
  684  a justice or judge. Currently under the constitution, commission
  685  proceedings are confidential until formal charges are filed by
  686  the investigative panel of the commission. Once formal charges
  687  are filed, the formal charges and all further proceedings of the
  688  commission are public. Currently, the constitution authorizes
  689  the House of Representatives to impeach a justice or judge.
  690  Further, the Speaker of the House of Representatives may
  691  request, and the Judicial Qualifications Commission must make
  692  available, all information in the commission’s possession for
  693  use in deciding whether to impeach a justice or judge. This
  694  proposed revision requires the commission to make all of its
  695  files available to the Speaker of the House of Representatives,
  696  rather than just the file of a justice or judge under
  697  investigation by the House of Representatives. Such files would
  698  maintain their confidentiality unless the House of
  699  Representatives initiates impeachment proceedings against a
  700  justice or judge, in which case the files related to that
  701  justice or judge may be open. This revision deletes a
  702  requirement that a general law repealing a commission rule be
  703  passed by a majority vote of the membership of each house of the
  704  Legislature and revises the number of Supreme Court justices
  705  needed to repeal such a rule.
  706         State appropriations are made annually by general law.
  707  Current law does not require any specific level of funding for
  708  any agency or department. This revision requires that the courts
  709  be appropriated a minimum of 2.25 percent of general revenue
  710  funding beginning with the 2013-2014 fiscal year.
  711         This revision will take effect upon its passage by the
  712  electorate and provides a schedule for implementation of its
  713  provisions. This revision makes other conforming and modernizing
  714  changes to the State Constitution regarding the judicial system,
  715  including removing the positions of clerk and marshal of the
  716  Supreme Court and the courts of appeal from the constitution;
  717  providing for transition to the new divisions; removing outdated
  718  schedules related to the Judicial Qualifications Commission; and
  719  making conforming and technical changes in the judicial articles
  720  of the constitution.
  721  
  722         BE IT FURTHER RESOLVED that the following statement be
  723  placed on the ballot if a court declares the preceding statement
  724  defective and the decision of the court is not reversed:
  725                      CONSTITUTIONAL AMENDMENT                     
  726         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  727         JUDICIARY.—Proposing a revision of the Judiciary Article of
  728  the Florida Constitution; reorganizing the Florida Supreme Court
  729  into divisions; requiring Senate confirmation for appointment of
  730  a Supreme Court justice; providing standards and procedures for
  731  legislative repeal of a court rule; providing a minimum level of
  732  court funding; allowing legislative review of confidential files
  733  of the Judicial Qualifications Commission; providing for
  734  transition; and making other ancillary amendments, including,
  735  but not limited to, technical and conforming amendments.
  736  
  737         BE IT FURTHER RESOLVED that the following statement be
  738  placed on the ballot if a court declares the preceding
  739  statements defective and the decision of the court is not
  740  reversed:
  741                      CONSTITUTIONAL AMENDMENT                     
  742         ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21        
  743         STATE COURTS.—Proposing a revision to Article V of the
  744  State Constitution relating to the judiciary; changing the
  745  authority of the Legislature to repeal a court rule by 2/3 vote
  746  of the membership of each house to a simple majority of each
  747  house; limiting the Supreme Court’s ability to readopt a rule
  748  repealed by the Legislature; replacing the current seven-member
  749  Supreme Court with two five-member divisions of the Supreme
  750  Court, one with civil jurisdiction and one with criminal
  751  jurisdiction; establishing a Chief Justice of the Supreme Court
  752  who shall serve as the chief administrative officer for the
  753  courts; establishing a chief justice for the civil division of
  754  the Supreme Court; establishing a chief justice for the criminal
  755  division of the Supreme Court; providing for the manner of
  756  selection and term for the chief justice of each division of the
  757  Supreme Court; changing the manner of designation and term of
  758  office of the Chief Justice of the Supreme Court; providing that
  759  a chief justice of a division of the Supreme Court is subject to
  760  a retention election and eligibility requirements as currently
  761  established in the State Constitution; providing for manner of
  762  replacement of a chief justice of a division; providing for
  763  apportionment of current justices among the civil and criminal
  764  divisions of the Supreme Court; changing the requirements for a
  765  quorum from four to three as being necessary for a decision;
  766  providing authority and circumstances where the divisions of the
  767  Supreme Court may meet en banc; providing jurisdiction for each
  768  division of the Supreme Court, including matters which will be
  769  exclusive to each division; clarifying the jurisdiction of the
  770  Supreme Court to hear appeals from certain district court of
  771  appeal decisions; providing that the Legislature may further
  772  define the split of jurisdiction between civil and criminal
  773  matters; providing that the Chief Justice of the Supreme Court
  774  decides jurisdiction should both divisions claim jurisdiction
  775  over the same case; removing references to clerks and marshals;
  776  requiring Senate confirmation before a justice may take office;
  777  requiring the Senate to vote on the appointee within 90 days
  778  after appointment; requiring the Senate to meet regardless of
  779  whether the House of Representatives is convened at the same
  780  time; deleting outdated references; requiring the Judicial
  781  Qualifications Commission to provide the House of
  782  Representatives access to records; providing for confidentiality
  783  of records; requiring a minimum level of funding for the
  784  judicial system; providing for transition; requiring the current
  785  Supreme Court to list its members by seniority in office;
  786  providing that the three most senior justices be assigned to the
  787  criminal division and the remaining justices assigned to the
  788  criminal division; providing time limits for appointments by the
  789  Governor for the remaining seats; providing an exception to
  790  Senate confirmation for initial appointments; requiring the
  791  Governor to name the initial chief justice of each division;
  792  providing that the initial chief justice of the civil division
  793  be named the Chief Justice of the Supreme Court; requiring that
  794  existing cases be split between the divisions; providing that
  795  cases decided before the split into divisions are final and not
  796  subject to rehearing or recall of the mandate; providing for the
  797  terms of the initial chief justices of the divisions; providing
  798  for adoption of court rules; allowing the Legislature by general
  799  law to further provide for transition; providing that the
  800  transition schedules may be deleted by general law when they
  801  have become outdated.
  802  
  803  ================= T I T L E  A M E N D M E N T ================
  804         And the title is amended as follows:
  805         Delete everything before the resolving clause
  806  and insert:
  807                        A bill to be entitled                      
  808         A joint resolution proposing a revision of Article V
  809         of the State Constitution, relating to the judiciary,
  810         consisting of amendments to Sections 2, 3, 4, 7, 11,
  811         12, and 14 of Article V, and the creation of Section
  812         21 of Article V, of the State Constitution to divide
  813         the current Supreme Court into two divisions, one
  814         hearing civil cases and the other hearing criminal
  815         cases; providing for administration of the divisions;
  816         defining the jurisdiction of the divisions; providing
  817         for transition from the present Supreme Court;
  818         revising provisions relating to repeal of court rules;
  819         limiting readoption of a repealed court rule;
  820         providing for Senate confirmation of Supreme Court
  821         justices; expanding the jurisdiction of the Supreme
  822         Court; requiring the Judicial Qualifications
  823         Commission to make all of its files available to the
  824         Speaker of the House of Representatives; revising
  825         provisions relating to repeal of commission rules;
  826         requiring that a specified minimum percentage of
  827         general revenue funds be appropriated to the courts;
  828         making other conforming and modernizing changes to the
  829         State Constitution regarding the judicial system.