Senate Bill 1234
CODING: Words stricken are deletions; words underlined are additions.
Florida Senate - 1998 SJR 1234
By Senators Dudley and Burt
25-1139-98
1 Senate Joint Resolution No.
2 A joint resolution proposing an amendment to
3 Section 2 of Article V of the State
4 Constitution, relating to rules of practice and
5 procedure.
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7 Be It Resolved by the Legislature of the State of Florida:
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9 That the following amendment to Section 2 of Article V
10 of the State Constitution is agreed to and shall be submitted
11 to the electors of this state for approval or rejection at the
12 next general election or at an earlier special election
13 specifically authorized by law for that purpose:
14 ARTICLE V
15 JUDICIARY
16 SECTION 2. Administration; practice and procedure.--
17 (a) The supreme court shall adopt rules for the
18 practice and procedure in all courts including the time for
19 seeking appellate review, the administrative supervision of
20 all courts, the transfer to the court having jurisdiction of
21 any proceeding when the jurisdiction of another court has been
22 improvidently invoked, and a requirement that no cause shall
23 be dismissed because an improper remedy has been sought.
24 These rules may be repealed by general law enacted by
25 two-thirds vote of the membership of each house of the
26 legislature, except for rules of criminal procedure. Any rule
27 or provision of a rule of criminal procedure adopted by the
28 supreme court may be repealed by general law enacted by a
29 majority vote of the membership of each house of the
30 legislature. Notwithstanding any other provision of this
31 constitution, the legislature may, by a majority vote of the
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Florida Senate - 1998 SJR 1234
25-1139-98
1 membership of each house of the legislature, enact a law
2 relating to and governing criminal procedure, and that law
3 prevails over any conflicting rule of criminal procedure or
4 provision of such a rule.
5 (b) The chief justice of the supreme court shall be
6 chosen by a majority of the members of the court. He shall be
7 the chief administrative officer of the judicial system. He
8 shall have the power to assign justices or judges, including
9 consenting retired justices or judges, to temporary duty in
10 any court for which the judge is qualified and to delegate to
11 a chief judge of a judicial circuit the power to assign judges
12 for duty in his respective circuit.
13 (c) A chief judge for each district court of appeal
14 shall be chosen by a majority of the judges thereof or, if
15 there is no majority, by the chief justice. The chief judge
16 shall be responsible for the administrative supervision of the
17 court.
18 (d) A chief judge in each circuit shall be chosen from
19 among the circuit judges as provided by supreme court rule.
20 The chief judge shall be responsible for the administrative
21 supervision of the circuit courts and county courts in his
22 circuit.
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24 BE IT FURTHER RESOLVED that the following statement be placed
25 on the ballot:
26 CONSTITUTIONAL AMENDMENT
27 ARTICLE V, SECTION 2
28 RULES OF CRIMINAL PROCEDURE.--Proposing an amendment to
29 the State Constitution to allow the Legislature to repeal, by
30 general law enacted by a majority vote of the membership of
31 each house, rules of criminal procedure adopted by the State
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Florida Senate - 1998 SJR 1234
25-1139-98
1 Supreme Court and to provide that a law enacted by the
2 Legislature governing criminal procedure prevails over any
3 conflicting Supreme Court rule.
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