Florida Senate - 2011 (PROPOSED COMMITTEE BILL) SPB 7076
FOR CONSIDERATION By the Committee on Judiciary
590-02398-11 20117076__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 2
3 of Article V of the State Constitution to eliminate
4 the requirement that a general law repealing a rule of
5 court be enacted by a two-thirds vote of the
6 membership of each house of the Legislature and to
7 prohibit the Supreme Court from readopting a rule
8 repealed by the Legislature for a prescribed period.
9
10 Be It Resolved by the Legislature of the State of Florida:
11
12 That the following amendment to Section 2 of Article V of
13 the State Constitution is agreed to and shall be submitted to
14 the electors of this state for approval or rejection at the next
15 general election or at an earlier special election specifically
16 authorized by law for that purpose:
17 ARTICLE V
18 JUDICIARY
19 SECTION 2. Administration; practice and procedure.—
20 (a) The supreme court shall adopt rules for the practice
21 and procedure in all courts including the time for seeking
22 appellate review, the administrative supervision of all courts,
23 the transfer to the court having jurisdiction of any proceeding
24 when the jurisdiction of another court has been improvidently
25 invoked, and a requirement that no cause shall be dismissed
26 because an improper remedy has been sought. The supreme court
27 shall adopt rules to allow the court and the district courts of
28 appeal to submit questions relating to military law to the
29 federal Court of Appeals for the Armed Forces for an advisory
30 opinion. Rules of court may be repealed by general law enacted
31 by two-thirds vote of the membership of each house of the
32 legislature. The supreme court may not readopt a rule within
33 three years after the rule has been repealed by general law.
34 (b) The chief justice of the supreme court shall be chosen
35 by a majority of the members of the court; shall be the chief
36 administrative officer of the judicial system; and shall have
37 the power to assign justices or judges, including consenting
38 retired justices or judges, to temporary duty in any court for
39 which the judge is qualified and to delegate to a chief judge of
40 a judicial circuit the power to assign judges for duty in that
41 circuit.
42 (c) A chief judge for each district court of appeal shall
43 be chosen by a majority of the judges thereof or, if there is no
44 majority, by the chief justice. The chief judge shall be
45 responsible for the administrative supervision of the court.
46 (d) A chief judge in each circuit shall be chosen from
47 among the circuit judges as provided by supreme court rule. The
48 chief judge shall be responsible for the administrative
49 supervision of the circuit courts and county courts in his
50 circuit.
51 BE IT FURTHER RESOLVED that the following statement be
52 placed on the ballot:
53 CONSTITUTIONAL AMENDMENT
54 ARTICLE V, SECTION 2
55 REVISING REQUIREMENTS RELATING TO THE REPEAL OF A SUPREME
56 COURT RULE BY GENERAL LAW.—The State Constitution authorizes the
57 Supreme Court to adopt rules for the practice and procedure in
58 all courts. The constitution further provides that a rule of
59 court may be repealed by a general law enacted by a two-thirds
60 vote of the membership of each house of the Legislature. This
61 proposed constitutional amendment eliminates the requirement
62 that the general law pass by a two-thirds vote of each house.
63 Therefore, the Legislature could repeal a rule of court by a
64 general law approved by a majority vote of each house of the
65 Legislature. The proposed amendment also prohibits the Supreme
66 Court from readopting a rule within 3 years after the rule is
67 repealed by a general law.
68
69 BE IT FURTHER RESOLVED that the following statement be
70 placed on the ballot if a court declares the preceding statement
71 defective and the decision of the court is not reversed:
72 CONSTITUTIONAL AMENDMENT
73 ARTICLE V, SECTION 2
74 REPEAL OF SUPREME COURT RULES BY GENERAL LAW.—Under the
75 State Constitution, the Supreme Court adopts rules governing
76 practice and procedure in all courts in this state. The
77 constitution empowers the Legislature to repeal a court rule by
78 passing a general bill. The bill, however, must pass both the
79 Senate and the House of Representatives by a vote of two-thirds
80 of the membership of each respective chamber. If the bill
81 becomes law, the rule is repealed. There is currently no
82 prohibition in the State Constitution against the Supreme Court
83 readopting the same rule at any time. This proposed
84 constitutional amendment eliminates the requirement that a law
85 repealing a rule of court must be enacted by an extraordinary
86 vote of the Legislature. Thus, under this amendment, a general
87 law enacted by a majority vote of the membership of each house
88 of the Legislature could repeal a rule of court. In addition,
89 this amendment specifies that the Supreme Court would have to
90 wait at least 3 years before readopting the rule.
91
92 BE IT FURTHER RESOLVED that the following statement be
93 placed on the ballot if a court declares the preceding statement
94 defective and the decision of the court is not reversed:
95 CONSTITUTIONAL AMENDMENT
96 ARTICLE V, SECTION 2
97 MAKING IT EASIER TO REPEAL A SUPREME COURT RULE BY GENERAL
98 LAW.—Proposing an amendment to the State Constitution to reduce
99 the vote requirement that the Legislature needs in order to
100 repeal a rule adopted by the Supreme Court. Currently under the
101 State Constitution, the Legislature may enact a general bill
102 that repeals a rule of court adopted by the Supreme Court. The
103 bill must pass both the Senate and the House of Representatives
104 by vote at least equal to two-thirds of the membership of each
105 house of the Legislature. If this bill becomes law, it repeals
106 the rule of court. This proposed constitutional amendment would
107 make it easier for the Legislature to repeal a rule of court by
108 eliminating the requirement for a two-thirds vote. The proposed
109 amendment also adds a new provision to the constitution which
110 prohibits the Supreme Court from readopting a rule within 3
111 years after the rule is repealed by a general law.
112
113 BE IT FURTHER RESOLVED that the following statement be
114 placed on the ballot if a court declares the preceding statement
115 defective and the decision of the court is not reversed:
116 CONSTITUTIONAL AMENDMENT
117 ARTICLE V, SECTION 2
118 REDUCING THE LEGISLATIVE VOTE NECESSARY TO REPEAL A RULE OF
119 COURT.—Proposing an amendment to the State Constitution to
120 eliminate the requirement for an extraordinary vote of each
121 house of the Legislature in order to repeal a rule of court by
122 general law. The Supreme Court adopts rules governing practice
123 and procedure in all state courts. Currently under the
124 constitution, the Legislature can repeal a rule of court by
125 passing a general bill, but the bill must pass by a vote of at
126 least two-thirds of the membership of each of the Senate and the
127 House of Representatives. The proposed constitutional amendment
128 eliminates the requirement for a two-thirds vote in each house
129 of the Legislature. Currently, the constitution does not
130 prohibit the Supreme Court from readopting a rule that is
131 repealed by general law. The proposed amendment adds new
132 language specifying that the Court may not readopt a rule within
133 3 years after the rule is repealed in this manner.