Senate Bill sb1794

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    Florida Senate - 2001                                 SJR 1794

    By Senator Garcia





    39-949-01                                               See HB

  1                 Senate Joint Resolution No. ____

  2         A joint resolution proposing the revision of

  3         Article V of the State Constitution, relating

  4         to the judiciary.

  5

  6  Be It Resolved by the Legislature of the State of Florida:

  7

  8         That the following revision of Article V of the State

  9  Constitution is agreed to and shall be submitted to the

10  electors of Florida for approval or rejection at the next

11  general election or at an earlier special election

12  specifically authorized by law for that purpose:

13

14                            ARTICLE V

15                            JUDICIARY

16         SECTION 1.  Courts.--

17         (a)  The judicial power shall be vested in a supreme

18  court, district courts of appeal, circuit courts and county

19  courts. Subject to any additional limitations established in

20  this constitution, the jurisdiction of such courts shall

21  extend only to actual cases in law, equity, admiralty and

22  maritime jurisdiction, and to actual controversies arising

23  under the constitution and the laws of the State of Florida

24  and of the United States. No other courts may be established

25  by the state, any political subdivision or any municipality.

26  The legislature shall, by general law, divide the state into

27  appellate court districts and judicial circuits following

28  county lines, except that a district court of appeal may have

29  geographical jurisdiction up to and including the entire state

30  respecting any subject matter granted within such jurisdiction

31  exclusively to that court by general law. Commissions

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  established by law, or administrative officers or bodies may

  2  be granted quasi-judicial power in matters connected with the

  3  functions of their offices. The legislature may establish by

  4  general law a civil traffic hearing officer system for the

  5  purpose of hearing civil traffic infractions.  The legislature

  6  may, by general law, authorize a military court-martial to be

  7  conducted by military judges of the Florida National Guard,

  8  with direct appeal of a decision to the District Court of

  9  Appeal, First District.

10         (b)  The power granted in this article to issue any

11  writ does not in and of itself grant a court jurisdiction over

12  a case or controversy. Some legal or equitable claim otherwise

13  cognizable by such court is required to establish the

14  jurisdictional basis for the issuance of a writ. The power to

15  issue a writ of quo warranto does not establish power to

16  review any right, power, or duty of a public official other

17  than the right to hold the particular office claimed by such

18  official, and the writ of quo warranto shall not be used for

19  any purpose except to test a person's authority to continue

20  holding an office when challenged by a competing claimant to

21  such office. All writs except those directed to judicial

22  officers shall be subject to statutes of limitation as

23  provided by general law.

24         SECTION 2.  Administration; practice and procedure.--

25         (a)  The supreme court may shall adopt rules for the

26  practice and procedure in all courts including the time for

27  seeking appellate review, the administrative supervision of

28  all courts, the transfer to the court having jurisdiction of

29  any proceeding when the jurisdiction of another court has been

30  improvidently invoked, and a requirement that no cause shall

31  be dismissed because an improper remedy has been sought.  The

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  supreme court shall adopt rules to allow the court and the

  2  district courts of appeal to submit questions relating to

  3  military law to the federal Court of Appeals for the Armed

  4  Forces for an advisory opinion.  Rules of court may not be

  5  inconsistent with statutes in place at the time of adoption of

  6  such rules, shall be revised to conform to subsequently

  7  adopted statutes that regulate substantive rights, and may be

  8  repealed by general law enacted by two-thirds vote of the

  9  membership of each house of the legislature. Rules adopted

10  pursuant to this section shall neither abridge, enlarge, nor

11  modify the substantive rights of any litigant, but additional

12  rulemaking power may be expressly delegated to courts by

13  general law.

14         (b)  The chief justice of the supreme court shall be

15  chosen by a majority of the members of the court; shall be the

16  chief administrative officer of the courts established by this

17  constitution judicial system; and shall have the power to

18  assign justices or judges, including consenting retired

19  justices or judges, to temporary duty in any court for which

20  the judge is qualified and to delegate to a chief judge of a

21  judicial circuit the power to assign judges for duty in that

22  circuit.

23         (c)  A chief judge for each district court of appeal

24  shall be chosen by a majority of the judges thereof or, if

25  there is no majority, by the chief justice.  The chief judge

26  shall be responsible for the administrative supervision of the

27  court.

28         (d)  A chief judge in each circuit shall be chosen from

29  among the circuit judges as provided by supreme court rule.

30  The chief judge shall be responsible for the administrative

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  supervision of the circuit courts and county courts in his

  2  circuit.

  3         SECTION 3.  Supreme court.--

  4         (a)  ORGANIZATION.--The supreme court shall consist of

  5  seven justices. Of the seven justices, each appellate district

  6  shall have at least one justice elected or appointed from the

  7  district to the supreme court who is a resident of the

  8  district at the time of the original appointment or election.

  9  Five justices shall constitute a quorum.  The concurrence of

10  four justices shall be necessary to a decision. When recusals

11  for cause would prohibit the court from convening because of

12  the requirements of this section, judges assigned to temporary

13  duty may be substituted for justices.

14         (b)  JURISDICTION.--Subject to the limitations provided

15  in Section One of this Article, the supreme court:

16         (1)  Shall hear appeals from final judgments of trial

17  courts imposing the death penalty and from decisions of

18  district courts of appeal declaring invalid a state statute or

19  a provision of the state constitution.

20         (2)  When provided by general law, shall hear appeals

21  from final judgments entered in proceedings for the validation

22  of bonds or certificates of indebtedness and shall review

23  action of statewide agencies relating to rates or service of

24  utilities providing electric, gas, or telephone service.

25         (3)  May review any decision of a district court of

26  appeal that expressly declares valid a state statute, or that

27  expressly construes a provision of the state or federal

28  constitution, or that expressly affects a class of

29  constitutional or state officers, or that expressly and

30  directly conflicts with a decision of another district court

31  of appeal or of the supreme court on the same question of law.

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         (4)  May review any decision of a district court of

  2  appeal that passes upon a question certified by it to be of

  3  great public importance, or that is certified by it to be in

  4  direct conflict with a decision of another district court of

  5  appeal.

  6         (5)  May review any order or judgment of a trial court

  7  certified by the district court of appeal in which an appeal

  8  is pending to be of great public importance, or to have a

  9  great effect on the proper administration of justice

10  throughout the state, and certified to require immediate

11  resolution by the supreme court. When a case is certified as

12  requiring immediate resolution by the supreme court, the

13  district court's jurisdiction shall be retained unless and

14  until the supreme court issues an order accepting

15  jurisdiction.

16         (6)  May review a question of law certified by the

17  Supreme Court of the United States or a United States Court of

18  Appeals which is determinative of the cause and for which

19  there is no controlling precedent of the supreme court of

20  Florida.

21         (7)  May issue writs of prohibition to courts and all

22  writs necessary to the complete exercise of its jurisdiction,

23  provided that the reference to "all writs" does not grant

24  jurisdiction in any case or controversy not otherwise within

25  the court's jurisdiction under paragraphs (1) through (5) of

26  this subsection.

27         (8)  May issue writs of mandamus and quo warranto to

28  state officers and state agencies in cases or controversies

29  otherwise properly before the court.

30         (9)  May, or any justice may, issue writs of habeas

31  corpus returnable before the supreme court or any justice, a

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  district court of appeal or any judge thereof, or any circuit

  2  judge, provided that such writs are subject to statutes of

  3  limitation of not less than two years from the final judgment

  4  or mandate on direct appeal in a criminal case.

  5         (10)  Shall, when requested by the attorney general

  6  pursuant to the provisions of Section 10 of Article IV, render

  7  an advisory opinion of the justices, addressing issues as

  8  provided by general law. This provision constitutes an

  9  exception to the case and controversy limitation provided in

10  Section One of this Article and such opinion shall be binding

11  upon all citizens of this state.

12         (11)  Shall, when requested by the governor pursuant to

13  the provisions of Article IV, Section 1(c), render an advisory

14  opinion of the justices as therein provided. This provision

15  constitutes an exception to the case and controversy

16  limitation provided in Section One of this Article; however,

17  such opinion shall not be binding upon any party not

18  voluntarily participating in such proceeding.

19         (12)  Shall not have jurisdiction to hear original

20  proceedings unless instituted against or relating to a

21  judicial officer or officer of the court pursuant to paragraph

22  (7) of this subsection, or sections 12 and 15 of this article,

23  including claims ancillary to such case or controversy, or

24  unless instituted pursuant to paragraph (2), paragraph (6),

25  paragraph (9), paragraph (10) or paragraph (11) of this

26  subsection.

27         (c)  CLERK AND MARSHAL.--The supreme court shall

28  appoint a clerk and a marshal who shall hold office during the

29  pleasure of the court and perform such duties as the court

30  directs. Their compensation shall be fixed by general law.

31  The marshal shall have the power to execute the process of the

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  court throughout the state, and in any county may deputize the

  2  sheriff or a deputy sheriff for such purpose.

  3         SECTION 4.  District courts of appeal.--

  4         (a)  ORGANIZATION.--There shall be a district court of

  5  appeal serving each appellate district.  Each district court

  6  of appeal shall consist of at least three judges. Three judges

  7  shall consider each case and the concurrence of two shall be

  8  necessary to a decision.

  9         (b)  JURISDICTION.--

10         (1)  Unless the subject matter of the case is assigned

11  by general law to another district court of appeal, and unless

12  otherwise limited by general law, district courts of appeal

13  shall have jurisdiction to hear appeals, that may be taken as

14  a matter of right, from final judgments or orders of trial

15  courts, including those entered on review of administrative

16  action, not directly appealable to the supreme court or a

17  circuit court.  They may review interlocutory orders in such

18  cases to the extent provided by rules adopted by the supreme

19  court.

20         (2)  District courts of appeal shall have the power of

21  direct review of administrative action, as prescribed by

22  general law.

23         (3)  A district court of appeal or any judge thereof

24  may issue writs of habeas corpus returnable before the court

25  or any judge thereof or before any circuit judge within the

26  territorial jurisdiction of the court, provided that such

27  writs are subject to statutes of limitation of not less than

28  two years from the final judgment or mandate on direct appeal

29  in a criminal case.  A district court of appeal may issue

30  writs of mandamus, certiorari, prohibition, quo warranto, and

31  other writs necessary to the complete exercise of its

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  jurisdiction, provided that this sentence does not grant

  2  jurisdiction in any case or controversy not otherwise within

  3  the court's jurisdiction pursuant to paragraphs (1) and (2) of

  4  this subsection.  To the extent necessary to dispose of all

  5  issues in a cause properly before it, a district court of

  6  appeal may exercise any of the appellate jurisdiction of the

  7  circuit courts.

  8         (c)  CLERKS AND MARSHALS.--Each district court of

  9  appeal shall appoint a clerk and a marshal who shall hold

10  office during the pleasure of the court and perform such

11  duties as the court directs.  Their compensation shall be

12  fixed by general law. The marshal shall have the power to

13  execute the process of the court throughout the territorial

14  jurisdiction of the court, and in any county may deputize the

15  sheriff or a deputy sheriff for such purpose.

16         SECTION 5.  Circuit courts.--

17         (a)  ORGANIZATION.--There shall be a circuit court

18  serving each judicial circuit.

19         (b)  JURISDICTION.--The circuit courts shall have all

20  original jurisdiction not vested in the county courts, and

21  jurisdiction of appeals when provided by general law.  They

22  shall have the power, subject to the restrictions set forth in

23  Section One of this Article, to issue writs of mandamus, quo

24  warranto, certiorari, prohibition and habeas corpus, and all

25  writs necessary or proper to the complete exercise of their

26  jurisdiction. Jurisdiction of the circuit court shall be

27  uniform throughout the state.  They shall have the power of

28  direct review of administrative action prescribed by general

29  law.

30         SECTION 6.  County courts.--

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         (a)  ORGANIZATION.--There shall be a county court in

  2  each county.  There shall be one or more judges for each

  3  county court as prescribed by general law.

  4         (b)  JURISDICTION.--The county courts shall exercise

  5  the jurisdiction prescribed by general law.  Such jurisdiction

  6  shall be uniform throughout the state.

  7         SECTION 7.  Specialized divisions.--All courts except

  8  the supreme court may sit in divisions as may be established

  9  by general law.  A circuit or county court may hold civil and

10  criminal trials and hearings in any place within the

11  territorial jurisdiction of the court as designated by the

12  chief judge of the circuit.

13         SECTION 8.  Eligibility.--No person shall be eligible

14  for office of justice or judge of any court unless the person

15  is an elector of the state and resides in the territorial

16  jurisdiction of the court.  No justice or judge shall serve

17  after attaining the age of seventy years except upon temporary

18  assignment or to complete a term, one-half of which has been

19  served.  No person is eligible for the office of justice of

20  the supreme court or judge of a district court of appeal

21  unless the person is, and has been for the preceding ten

22  years, a resident authorized to practice law in member of the

23  bar of Florida.  No person is eligible for the office of

24  circuit judge unless the person is, and has been for the

25  preceding five years, a resident authorized to practice law in

26  member of the bar of Florida.  Unless otherwise provided by

27  general law, no person is eligible for the office of county

28  court judge unless the person is, and has been for the

29  preceding five years, a resident authorized to practice law in

30  member of the bar of Florida.  Unless otherwise provided by

31  general law, a person shall be eligible for election or

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  appointment to the office of county court judge in a county

  2  having a population of 40,000 or less if the person is a

  3  resident authorized to practice law in member in good standing

  4  of the bar of Florida.

  5         SECTION 9.  Establishment of number of judges

  6  Determination of number of judges.--Subject to the limitation

  7  on supreme court justices established in Section 3(a) of this

  8  Article, the number of judges for all courts shall be

  9  established by general law.  The supreme court may make

10  recommendations to the legislature regarding any need for an

11  increase or decrease in the number of judges or a change in

12  judicial districts or judicial circuits. The supreme court

13  shall establish by rule uniform criteria for the determination

14  of the need for additional judges except supreme court

15  justices, the necessity for decreasing the number of judges

16  and for increasing, decreasing or redefining appellate

17  districts and judicial circuits.  If the supreme court finds

18  that a need exists for increasing or decreasing the number of

19  judges or increasing, decreasing or redefining appellate

20  districts and judicial circuits, it shall, prior to the next

21  regular session of the legislature, certify to the legislature

22  its findings and recommendations concerning such need.  Upon

23  receipt of such certificate, the legislature, at the next

24  regular session, shall consider the findings and

25  recommendations and may reject the recommendations or by law

26  implement the recommendations in whole or in part; provided

27  the legislature may create more judicial offices than are

28  recommended by the supreme court or may decrease the number of

29  judicial offices by a greater number than recommended by the

30  court only upon a finding of two-thirds of the membership of

31  both houses of the legislature, that such a need exists.  A

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  decrease in the number of judges shall be effective only after

  2  the expiration of a term.  If the supreme court fails to make

  3  findings as provided above when need exists, the legislature

  4  may by concurrent resolution request the court to certify its

  5  findings and recommendations and upon the failure of the court

  6  to certify its findings for nine consecutive months, the

  7  legislature may, upon a finding of two-thirds of the

  8  membership of both houses of the legislature that a need

  9  exists, increase or decrease the number of judges or increase,

10  decrease or redefine appellate districts and judicial

11  circuits.

12         SECTION 10.  Retention; election and terms.--

13         (a)  Any justice or judge of a district court of appeal

14  may qualify for retention by a vote of the electors in the

15  general election next preceding the expiration of the

16  justice's or judge's term in the manner prescribed by law.  If

17  a justice or judge of a district court of appeal is ineligible

18  or fails to qualify for retention, a vacancy shall exist in

19  that office upon the expiration of the term being served by

20  the justice or judge.  When a justice or judge so qualifies,

21  the ballot shall read substantially as follows: "Shall Justice

22  (or Judge) ...(name of justice or judge)... of the ...(name of

23  the court)... be retained in office?" If two-thirds a majority

24  of the qualified electors voting within the territorial

25  jurisdiction of the court vote to retain, the justice or judge

26  shall be retained for a term of six years.  The term of the

27  justice or judge retained shall commence on the first Tuesday

28  after the first Monday in January following the general

29  election.  If more than one-third a majority of the qualified

30  electors voting on the question of retention within the

31  territorial jurisdiction of the court vote to not retain, a

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  vacancy shall exist in that office upon the expiration of the

  2  term being served by the justice or judge.

  3         (b)(1)  The election of circuit judges shall be

  4  preserved notwithstanding the provisions of subsection (a)

  5  unless a majority of those voting in the jurisdiction of that

  6  circuit approves a local option to select circuit judges by

  7  merit selection and retention rather than by election. The

  8  election of circuit judges shall be by a vote of the qualified

  9  electors within the territorial jurisdiction of the court.

10         (2)  The election of county court judges shall be

11  preserved notwithstanding the provisions of subsection (a)

12  unless a majority of those voting in the jurisdiction of that

13  county approves a local option to select county judges by

14  merit selection and retention rather than by election. The

15  election of county court judges shall be by a vote of the

16  qualified electors within the territorial jurisdiction of the

17  court.

18         (3)a.  A vote to exercise a local option to select

19  circuit court judges and county court judges by merit

20  selection and retention rather than by election shall be held

21  in each circuit and county at the general election in the year

22  2000. If a vote to exercise this local option fails in a vote

23  of the electors, such option shall not again be put to a vote

24  of the electors of that jurisdiction until the expiration of

25  at least two years.

26         b.  After the year 2000, a circuit may initiate the

27  local option for merit selection and retention or the election

28  of circuit judges, whichever is applicable, by filing with the

29  secretary of state a petition signed by the number of electors

30  equal to at least ten percent of the votes cast in the circuit

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  in the last preceding election in which presidential electors

  2  were chosen.

  3         c.  After the year 2000, a county may initiate the

  4  local option for merit selection and retention or the election

  5  of county court judges, whichever is applicable, by filing

  6  with the supervisor of elections a petition signed by the

  7  number of electors equal to at least ten percent of the votes

  8  cast in the county in the last preceding election in which

  9  presidential electors were chosen. The terms of circuit judges

10  and judges of county courts shall be for six years.

11         SECTION 11.  Vacancies.--

12         (a)  Whenever a vacancy occurs in a judicial office to

13  which election for retention applies, the governor shall fill

14  the vacancy by nominating and appointing, by and with the

15  advice and consent of the senate, for a term ending on the

16  first Tuesday after the first Monday in January of the year

17  following the next general election occurring at least one

18  year after the date of appointment, a person eligible to fill

19  the vacancy one of not fewer than three persons nor more than

20  six persons nominated by the appropriate judicial nominating

21  commission.

22         (b)  The governor shall fill each vacancy on a circuit

23  court or on a county court, wherein the judges are elected by

24  a majority vote of the electors, by nominating and appointing,

25  by and with the advice and consent of the senate, for a term

26  ending on the first Tuesday after the first Monday in January

27  of the year following the next primary and general election

28  occurring at least one year after the date of appointment, a

29  person eligible to fill the vacancy one of not fewer than

30  three persons nor more than six persons nominated by the

31  appropriate judicial nominating commission.  An election shall

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  be held to fill that judicial office for the term of the

  2  office beginning at the end of the appointed term.

  3         (c)  The governor shall make the nomination within

  4  ninety days after the occurrence of a vacancy, unless the

  5  governor certifies to the supreme court a need to extend the

  6  period to a time certain, not to exceed one hundred eighty

  7  days after the occurrence of the vacancy. The nomination shall

  8  be transmitted to the senate with the governor's signature.

  9  If the senate is not in session at the time the governor

10  transmits the nomination, the senate may call itself into

11  session, by proclamation of the president of the senate, or as

12  otherwise provided by its rules, to consider the nomination.

13  If the senate is not in session during the thirty-day period

14  following the governor's transmission of a judicial

15  nomination, and the senate does not convene within such

16  thirty-day period, the nomination shall be deemed confirmed.

17  If the senate is in session at any time during such thirty-day

18  period and does not confirm such nomination by majority vote

19  of senators voting on the question within such thirty-day

20  period, the nomination shall be rejected, unless the rules of

21  the senate in effect immediately prior to the nomination

22  provide for confirmation in such circumstances.  A person

23  nominated to judicial office and rejected by the senate shall

24  not be eligible for nomination to any judicial office until

25  the next following general election. The nominations shall be

26  made within thirty days from the occurrence of a vacancy

27  unless the period is extended by the governor for a time not

28  to exceed thirty days.  The governor shall make the

29  appointment within sixty days after the nominations have been

30  certified to the governor.

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         (d)  No judicial rule of conduct or other court rule

  2  may limit the political rights of candidates for election or

  3  appointment to judicial office, including, but not limited to,

  4  serving a political organization, endorsing or opposing other

  5  candidates for public office, making speeches, attending

  6  political functions, or making statements with respect to

  7  issues; however, such limits not inconsistent with other

  8  provisions of this constitution may be imposed by general law.

  9  There shall be a separate judicial nominating commission as

10  provided by general law for the supreme court, each district

11  court of appeal, and each judicial circuit for all trial

12  courts within the circuit.  Uniform rules of procedure shall

13  be established by the judicial nominating commissions at each

14  level of the court system. Such rules, or any part thereof,

15  may be repealed by general law enacted by a majority vote of

16  the membership of each house of the legislature, or by the

17  supreme court, five justices concurring. Except for

18  deliberations of the judicial nominating commissions, The

19  proceedings of the commissions and their records shall be open

20  to the public.

21         SECTION 12.  Discipline; removal and retirement.--

22         (a)  JUDICIAL QUALIFICATIONS COMMISSION.--A judicial

23  qualifications commission is created.

24         (1)  There shall be a judicial qualifications

25  commission vested with jurisdiction to investigate and

26  recommend to the Supreme Court of Florida the removal from

27  office of any justice or judge whose conduct, during term of

28  office or otherwise occurring on or after November 1, 1966,

29  (without regard to the effective date of this section)

30  demonstrates a present unfitness to hold office, and to

31  investigate and recommend the discipline of a justice or judge

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  whose conduct, during term of office or otherwise occurring on

  2  or after November 1, 1966 (without regard to the effective

  3  date of this section), warrants such discipline. For purposes

  4  of this section, discipline is defined as any or all of the

  5  following: reprimand, fine, suspension with or without pay, or

  6  lawyer discipline. The commission shall have jurisdiction over

  7  justices and judges regarding allegations that misconduct

  8  occurred before or during service as a justice or judge if a

  9  complaint is made no later than one year following service as

10  a justice or judge. The commission shall have jurisdiction

11  regarding allegations of incapacity during service as a

12  justice or judge.  The commission shall be composed of:

13         a.  Two judges of district courts of appeal selected by

14  the judges of those courts, two circuit judges selected by the

15  judges of the circuit courts and two judges of county courts

16  selected by the judges of those courts;

17         b.  Four electors who reside in the state, who are

18  authorized to practice law in the courts members of the bar of

19  Florida, and who shall be chosen by the legislature by

20  concurrent or joint resolution governing body of the bar of

21  Florida; and

22         c.  Five electors who reside in the state, who have

23  never held judicial office or been authorized to practice law

24  in the courts members of the bar of Florida, and who shall be

25  appointed by the governor.

26         (2)  The members of the judicial qualifications

27  commission shall serve staggered terms, not to exceed six

28  years, as prescribed by general law.  No member of the

29  commission except a judge shall be eligible for state judicial

30  office while acting as a member of the commission and for a

31  period of two years thereafter.  No member of the commission

                                  16

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  shall hold office in a political party or participate in any

  2  campaign for judicial office or hold public office; provided

  3  that a judge may campaign for judicial office and hold that

  4  office.  The commission shall elect one of its members as its

  5  chairperson.

  6         (3)  Members of the judicial qualifications commission

  7  not subject to impeachment shall be subject to removal from

  8  the commission pursuant to the provisions of Article IV,

  9  Section 7, Florida Constitution.

10         (4)  The commission shall adopt rules regulating its

11  proceedings, the filling of vacancies by the appointing

12  authorities, the disqualification of members, the rotation of

13  members between the panels, and the temporary replacement of

14  disqualified or incapacitated members.  The commission's

15  rules, or any part thereof, may be repealed by general law

16  enacted by a majority vote of the membership of each house of

17  the legislature, or by the supreme court, five justices

18  concurring. The commission shall have power to issue

19  subpoenas. Until formal charges against a justice or judge are

20  filed by the investigative panel with the clerk of the supreme

21  court of Florida all proceedings by or before the commission

22  shall be confidential; provided, however, upon a finding of

23  probable cause and the filing by the investigative panel with

24  said clerk of such formal charges against a justice or judge

25  such charges and all further proceedings before the commission

26  shall be public.

27         (5)  The commission shall have access to all

28  information from all executive, legislative and judicial

29  agencies, including grand juries, subject to the rules of the

30  commission.  At any time, on request of the speaker of the

31  house of representatives or the governor, the commission shall

                                  17

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  make available all information in the possession of the

  2  commission for use in consideration of impeachment or

  3  suspension, respectively.

  4         (b)  PANELS.--The commission shall be divided into an

  5  investigative panel and a hearing panel as established by rule

  6  of the commission. The investigative panel is vested with the

  7  jurisdiction to receive or initiate complaints, conduct

  8  investigations, dismiss complaints, and upon a vote of a

  9  simple majority of the panel submit formal charges to the

10  hearing panel. The hearing panel is vested with the authority

11  to receive and hear formal charges from the investigative

12  panel and upon a two-thirds vote of the panel recommend to the

13  supreme court the removal of a justice or judge or the

14  involuntary retirement of a justice or judge for any permanent

15  disability that seriously interferes with the performance of

16  judicial duties. Upon a simple majority vote of the membership

17  of the hearing panel, the panel may recommend to the supreme

18  court that the justice or judge be subject to appropriate

19  discipline.

20         (c)  SUPREME COURT.--The supreme court shall receive

21  recommendations from the judicial qualifications commission's

22  hearing panel.

23         (1)  The supreme court may accept, reject, or modify in

24  whole or in part the findings, conclusions, and

25  recommendations of the commission and it may order that the

26  justice or judge be subjected to appropriate discipline, or be

27  removed from office with termination of compensation for

28  willful or persistent failure to perform judicial duties or

29  for other conduct unbecoming a member of the judiciary

30  demonstrating a present unfitness to hold office, or be

31  involuntarily retired for any permanent disability that

                                  18

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  seriously interferes with the performance of judicial duties.

  2  Malafides, scienter or moral turpitude on the part of a

  3  justice or judge shall not be required for removal from office

  4  of a justice or judge whose conduct demonstrates a present

  5  unfitness to hold office.  After the filing of a formal

  6  proceeding and upon request of the investigative panel, the

  7  supreme court may suspend the justice or judge from office,

  8  with or without compensation, pending final determination of

  9  the inquiry.

10         (2)  The supreme court may award costs to the

11  prevailing party.

12         (d)  The power of removal conferred by this section

13  shall be both alternative and cumulative to the power of

14  impeachment.

15         (e)  Notwithstanding any of the foregoing provisions of

16  this section, if the person who is the subject of proceedings

17  by the judicial qualifications commission is a justice of the

18  supreme court of Florida all justices of such court

19  automatically shall be disqualified to sit as justices of such

20  court with respect to all proceedings therein concerning such

21  person and the supreme court for such purposes shall be

22  composed of a panel consisting of the seven chief judges of

23  the judicial circuits of the state of Florida most senior in

24  tenure of judicial office as circuit judge. For purposes of

25  determining seniority of such circuit judges in the event

26  there be judges of equal tenure in judicial office as circuit

27  judge the judge or judges from the lower numbered circuit or

28  circuits shall be deemed senior. In the event any such chief

29  circuit judge is under investigation by the judicial

30  qualifications commission or is otherwise disqualified or

31  unable to serve on the panel, the next most senior chief

                                  19

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  circuit judge or judges shall serve in place of such

  2  disqualified or disabled chief circuit judge.

  3         (f)  All other matters of procedure and organization of

  4  the commission and any panels thereof, the selection of judges

  5  to serve on the commission, and the power to recover costs of

  6  an investigation shall be governed by rules adopted by the

  7  supreme court. SCHEDULE TO SECTION 12.--

  8         (1)  Except to the extent inconsistent with the

  9  provisions of this section, all provisions of law and rules of

10  court in force on the effective date of this article shall

11  continue in effect until superseded in the manner authorized

12  by the constitution.

13         (2)  After this section becomes effective and until

14  adopted by rule of the commission consistent with it:

15         a.  The commission shall be divided, as determined by

16  the chairperson, into one investigative panel and one hearing

17  panel to meet the responsibilities set forth in this section.

18         b.  The investigative panel shall be composed of:

19         1.  Four judges,

20         2.  Two members of the bar of Florida, and

21         3.  Three non-lawyers.

22         c.  The hearing panel shall be composed of:

23         1.  Two judges,

24         2.  Two members of the bar of Florida, and

25         3.  Two non-lawyers.

26         d.  Membership on the panels may rotate in a manner

27  determined by the rules of the commission provided that no

28  member shall vote as a member of the investigative and hearing

29  panel on the same proceeding.

30         e.  The commission shall hire separate staff for each

31  panel.

                                  20

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         f.  The members of the commission shall serve for

  2  staggered terms of six years.

  3         g.  The terms of office of the present members of the

  4  judicial qualifications commission shall expire upon the

  5  effective date of the amendments to this section approved by

  6  the legislature during the regular session of the legislature

  7  in 1996 and new members shall be appointed to serve the

  8  following staggered terms:

  9         1.  Group I.--The terms of five members, composed of

10  two electors as set forth in s. 12(a)(1)c. of Article V, one

11  member of the bar of Florida as set forth in s. 12(a)(1)b. of

12  Article V, one judge from the district courts of appeal and

13  one circuit judge as set forth in s. 12(a)(1)a. of Article V,

14  shall expire on December 31, 1998.

15         2.  Group II.--The terms of five members, composed of

16  one elector as set forth in s. 12(a)(1)c. of Article V, two

17  members of the bar of Florida as set forth in s. 12(a)(1)b. of

18  Article V, one circuit judge and one county judge as set forth

19  in s. 12(a)(1)a. of Article V shall expire on December 31,

20  2000.

21         3.  Group III.--The terms of five members, composed of

22  two electors as set forth in s. 12(a)(1)c. of Article V, one

23  member of the bar of Florida as set forth in s. 12(a)(1)b.,

24  one judge from the district courts of appeal and one county

25  judge as set forth in s. 12(a)(1)a. of Article V, shall expire

26  on December 31, 2002.

27         h.  An appointment to fill a vacancy of the commission

28  shall be for the remainder of the term.

29         i.  Selection of members by district courts of appeal

30  judges, circuit judges, and county court judges, shall be by

31  no less than a majority of the members voting at the

                                  21

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  respective courts' conferences. Selection of members by the

  2  board of governors of the bar of Florida shall be by no less

  3  than a majority of the board.

  4         j.  The commission shall be entitled to recover the

  5  costs of investigation and prosecution, in addition to any

  6  penalty levied by the supreme court.

  7         k.  The compensation of members and referees shall not

  8  exceed be the travel expenses or transportation and per diem

  9  allowance as may be provided by general law.

10         SECTION 13.  Prohibited activities.--All justices and

11  judges shall devote full time to their judicial duties.  They

12  shall not engage in the practice of law or hold office in any

13  political party.

14         SECTION 14.  Judicial salaries.--All justices and

15  judges shall be compensated only by state salaries fixed by

16  general law. The judiciary shall have no power to fix

17  appropriations.

18         SECTION 14.  Funding.--

19         (a)  All justices and judges shall be compensated only

20  by state salaries fixed by general law.  Funding for the

21  operation of state courts established by this constitution

22  system, state attorneys' offices, public defenders' offices,

23  and court-appointed counsel, except as otherwise provided in

24  subsection (c), shall be provided from state revenues

25  appropriated by general law.

26         (b)  All funding for the offices of the clerks of the

27  circuit and county courts performing court-related functions,

28  except as otherwise provided in this subsection and subsection

29  (c), shall be provided by adequate and appropriate filing fees

30  for judicial proceedings and service charges and costs for

31  performing court-related functions as required or authorized

                                  22

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  by general law. Selected salaries, costs, and expenses of the

  2  state courts established by this constitution system may be

  3  funded from appropriate filing fees for judicial proceedings

  4  and service charges and costs for performing court-related

  5  functions, as provided by general law.  Where the requirements

  6  of either the United States Constitution or the Constitution

  7  of the State of Florida preclude the imposition of filing fees

  8  for judicial proceedings and service charges and costs for

  9  performing court-related functions sufficient to fund the

10  court-related functions of the offices of the clerks of the

11  circuit and county courts, the state may shall provide, as

12  determined by the legislature, adequate and appropriate

13  supplemental funding from state revenues appropriated by

14  general law. Any nonprevailing party in any civil proceeding

15  or any defendant convicted in any criminal proceeding may be

16  assessed, as provided by general law, the full cost of all

17  services utilized and expenses incurred in such proceeding as

18  determined by the clerk of the circuit or county court, to the

19  extent that such services or expenses are provided by

20  appropriations, fees, or service charges pursuant to this

21  subsection or subsection (a).  Such assessments may be

22  enforced in the same manner as any money judgment or tax

23  obligation.

24         (c)  No county or municipality, except as provided in

25  this subsection, shall be required to provide any funding for

26  the state courts established by this constitution system,

27  state attorneys' offices, public defenders' offices,

28  court-appointed counsel or the offices of the clerks of the

29  circuit and county courts performing court-related functions.

30  Counties shall be required to fund the cost of communications

31  services, existing radio systems, existing multi-agency

                                  23

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  criminal justice information systems, and the cost of

  2  construction or lease, maintenance, utilities, and security of

  3  facilities for the trial courts, public defenders' offices,

  4  state attorneys' offices, and the offices of the clerks of the

  5  circuit and county courts performing court-related functions.

  6  Counties shall also pay reasonable and necessary salaries,

  7  costs, and expenses of the state courts established by this

  8  constitution system to meet local requirements as determined

  9  by general law.

10         (d)  The judiciary shall have no power to fix or order

11  any modification of appropriations.

12         SECTION 15.  Attorneys; admission and discipline.--The

13  supreme court shall have exclusive jurisdiction to regulate

14  the admission of persons to the practice of law before the

15  courts of this state and the discipline of persons admitted.

16  The cost of such regulation and discipline shall be funded by

17  appropriations, disciplinary penalties, and fees paid to the

18  supreme court as authorized by general law.  No attorney may

19  be required to pay dues to any organization and no fees may be

20  otherwise assessed by the court as a condition to admission to

21  practice law before the courts of this state.  The

22  professional practice of law other than before the courts of

23  this state may be regulated by general law.

24         SECTION 16.  Clerks of the circuit courts.--There shall

25  be in each county a clerk of the circuit court who shall be

26  selected pursuant to the provisions of Article VIII section 1.

27  Notwithstanding any other provision of the constitution, the

28  duties of the clerk of the circuit court may be divided by

29  special or general law between two officers, one serving as

30  clerk of court and one serving as ex officio clerk of the

31  board of county commissioners, auditor, recorder, and

                                  24

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  custodian of all county funds.  There may be a clerk of the

  2  county court if authorized by general or special law.

  3         SECTION 17.  State attorneys.--In each judicial circuit

  4  a state attorney shall be elected for a term of four years.

  5  Except as otherwise provided in this constitution, the state

  6  attorney shall be the prosecuting officer of all trial courts

  7  in that circuit and shall perform other duties prescribed by

  8  general law; provided, however, when authorized by general

  9  law, the violations of all municipal ordinances may be

10  prosecuted by municipal prosecutors.  A state attorney shall

11  be an elector of the state and reside in the territorial

12  jurisdiction of the circuit; shall be and have been authorized

13  to practice law in a member of the bar of Florida for the

14  preceding five years; shall devote full time to the duties of

15  the office; and shall not engage in the private practice of

16  law.  State attorneys shall appoint such assistant state

17  attorneys as may be authorized by law.

18         SECTION 18.  Public defenders.--In each judicial

19  circuit a public defender shall be elected for a term of four

20  years, who shall perform duties prescribed by general law.  A

21  public defender shall be an elector of the state and reside in

22  the territorial jurisdiction of the circuit and shall be and

23  have been authorized to practice law in a member of the Bar of

24  Florida for the preceding five years.  Public defenders shall

25  appoint such assistant public defenders as may be authorized

26  by law.

27         SECTION 19.  Judicial officers as conservators of the

28  peace.--All judicial officers in this state shall be

29  conservators of the peace.

30         SECTION 20.  Schedule to Article V.--

31

                                  25

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         (a)  This article shall replace all of Article V of the

  2  Constitution of 1885, as amended, which shall then stand

  3  repealed.

  4         (b)  Except to the extent inconsistent with the

  5  provisions of this article, all provisions of law and rules of

  6  court in force on the effective date of this article shall

  7  continue in effect until superseded in the manner authorized

  8  by the constitution.

  9         (c)  After this article becomes effective, and until

10  changed by general law consistent with sections 1 through 19

11  of this article:

12         (1)  The supreme court shall have the jurisdiction

13  immediately theretofore exercised by it, and it shall

14  determine all proceedings pending before it on the effective

15  date of this article.

16         (2)  The appellate districts shall be those in

17  existence on the date of adoption of this article.  There

18  shall be a district court of appeal in each district.  The

19  district courts of appeal shall have the jurisdiction

20  immediately theretofore exercised by the district courts of

21  appeal and shall determine all proceedings pending before them

22  on the effective date of this article.

23         (3)  Circuit courts shall have jurisdiction of appeals

24  from county courts and municipal courts, except those appeals

25  which may be taken directly to the supreme court; and they

26  shall have exclusive original jurisdiction in all actions at

27  law not cognizable by the county courts; of proceedings

28  relating to the settlement of the estate of decedents and

29  minors, the granting of letters testamentary, guardianship,

30  involuntary hospitalization, the determination of

31  incompetency, and other jurisdiction usually pertaining to

                                  26

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  courts of probate; in all cases in equity including all cases

  2  relating to juveniles; of all felonies and of all misdemeanors

  3  arising out of the same circumstances as a felony which is

  4  also charged; in all cases involving legality of any tax

  5  assessment or toll; in the action of ejectment; and in all

  6  actions involving the titles or boundaries or right of

  7  possession of real property.  The circuit court may issue

  8  injunctions.  There shall be judicial circuits which shall be

  9  the judicial circuits in existence on the date of adoption of

10  this article.  The chief judge of a circuit may authorize a

11  county court judge to order emergency hospitalizations

12  pursuant to Chapter 71-131, Laws of Florida, in the absence

13  from the county of the circuit judge and the county court

14  judge shall have the power to issue all temporary orders and

15  temporary injunctions necessary or proper to the complete

16  exercise of such jurisdiction.

17         (4)  County courts shall have original jurisdiction in

18  all criminal misdemeanor cases not cognizable by the circuit

19  courts, of all violations of municipal and county ordinances,

20  and of all actions at law in which the matter in controversy

21  does not exceed the sum of two thousand five hundred dollars

22  ($2,500.00) exclusive of interest and costs, except those

23  within the exclusive jurisdiction of the circuit courts.

24  Judges of county courts shall be committing magistrates.  The

25  county courts shall have jurisdiction now exercised by the

26  county judge's courts other than that vested in the circuit

27  court by subsection (c)(3) hereof, the jurisdiction now

28  exercised by the county courts, the claims court, the small

29  claims courts, the small claims magistrates courts,

30  magistrates courts, justice of the peace courts, municipal

31  courts and courts of chartered counties, including but not

                                  27

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  limited to the counties referred to in Article VIII, sections

  2  9, 10, 11 and 24 of the Constitution of 1885.

  3         (5)  Each judicial nominating commission shall be

  4  composed of the following:

  5         a.  Three members appointed by the Board of Governors

  6  of The Florida Bar from among The Florida Bar members who are

  7  actively engaged in the practice of law with offices within

  8  the territorial jurisdiction of the affected court, district

  9  or circuit;

10         b.  Three electors who reside in the territorial

11  jurisdiction of the court or circuit appointed by the

12  governor; and

13         c.  Three electors who reside in the territorial

14  jurisdiction of the court or circuit and who are not members

15  of the bar of Florida, selected and appointed by a majority

16  vote of the other six members of the commission.

17         (6)  No justice or judge shall be a member of a

18  judicial nominating commission.  A member of a judicial

19  nominating commission may hold public office other than

20  judicial office.  No member shall be eligible for appointment

21  to state judicial office so long as that person is a member of

22  a judicial nominating commission and for a period of two years

23  thereafter.  All acts of a judicial nominating commission

24  shall be made with a concurrence of a majority of its members.

25         (7)  The members of a judicial nominating commission

26  shall serve for a term of four years except the terms of the

27  initial members of the judicial nominating commissions shall

28  expire as follows:

29         a.  The terms of one member of category a. b. and c. in

30  subsection (c)(5) hereof shall expire on July 1, 1974;

31

                                  28

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         b.  The terms of one member of category a. b. and c. in

  2  subsection (c)(5) hereof shall expire on July 1, 1975;

  3         c.  The terms of one member of category a. b. and c. in

  4  subsection (c)(5) hereof shall expire on July 1, 1976;

  5         (8)  All fines and forfeitures arising from offenses

  6  tried in the county court shall be collected, and accounted

  7  for by clerk of the court, and deposited in a special trust

  8  account.  All fines and forfeitures received from violations

  9  of ordinances or misdemeanors committed within a county or

10  municipal ordinances committed within a municipality within

11  the territorial jurisdiction of the county court shall be paid

12  monthly to the county or municipality respectively.  If any

13  costs are assessed and collected in connection with offenses

14  tried in county court, all court costs shall be paid into the

15  general revenue fund of the state of Florida and such other

16  funds as prescribed by general law.

17         (9)  Any municipality or county may apply to the chief

18  judge of the circuit in which that municipality or county is

19  situated for the county court to sit in a location suitable to

20  the municipality or county and convenient in time and place to

21  its citizens and police officers and upon such application

22  said chief judge shall direct the court to sit in the location

23  unless the chief judge shall determine the request is not

24  justified. If the chief judge does not authorize the county

25  court to sit in the location requested, the county or

26  municipality may apply to the supreme court for an order

27  directing the county court to sit in the location.  Any

28  municipality or county which so applies shall be required to

29  provide the appropriate physical facilities in which the

30  county court may hold court.

31

                                  29

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         (10)  All courts except the supreme court may sit in

  2  divisions as may be established by local rule approved by the

  3  supreme court.

  4         (11)  A county court judge in any county having a

  5  population of 40,000 or less according to the last decennial

  6  census, shall not be required to be a member of the bar of

  7  Florida.

  8         (12)  Municipal prosecutors may prosecute violations of

  9  municipal ordinances.

10         (13)  Justice shall mean a justice elected or appointed

11  to the supreme court and shall not include any judge assigned

12  from any court.

13         (d)  When this article becomes effective:

14         (1)  All courts not herein authorized, except as

15  provided by subsection (d)(4) of this section shall cease to

16  exist and jurisdiction to conclude all pending cases and

17  enforce all prior orders and judgments shall vest in the court

18  that would have jurisdiction of the cause if thereafter

19  instituted.  All records of and property held by courts

20  abolished hereby shall be transferred to the proper office of

21  the appropriate court under this article.

22         (2)  Judges of the following courts, if their terms do

23  not expire in 1973 and if they are eligible under subsection

24  (d)(8) hereof, shall become additional judges of the circuit

25  court for each of the counties of their respective circuits,

26  and shall serve as such circuit judges for the remainder of

27  the terms to which they were elected and shall be eligible for

28  election as circuit judges thereafter. These courts are: civil

29  court of record of Dade county, all criminal courts of record,

30  the felony courts of record of Alachua, Leon and Volusia

31  Counties, the courts of record of Broward, Brevard, Escambia,

                                  30

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  Hillsborough, Lee, Manatee and Sarasota Counties, the civil

  2  and criminal court of record of Pinellas County, and county

  3  judge's courts and separate juvenile courts in counties having

  4  a population in excess of 100,000 according to the 1970

  5  federal census.  On the effective date of this article, there

  6  shall be an additional number of positions of circuit judges

  7  equal to the number of existing circuit judges and the number

  8  of judges of the above named courts whose term expires in

  9  1973.  Elections to such offices shall take place at the same

10  time and manner as elections to other state judicial offices

11  in 1972 and the terms of such offices shall be for a term of

12  six years.  Unless changed pursuant to section nine of this

13  article, the number of circuit judges presently existing and

14  created by this subsection shall not be changed.

15         (3)  In all counties having a population of less than

16  100,000 according to the 1970 federal census and having more

17  than one county judge on the date of the adoption of this

18  article, there shall be the same number of judges of the

19  county court as there are county judges existing on that date

20  unless changed pursuant to section 9 of this article.

21         (4)  Municipal courts shall continue with their same

22  jurisdiction until amended or terminated in a manner

23  prescribed by special or general law or ordinances, or until

24  January 3, 1977, whichever occurs first.  On that date all

25  municipal courts not previously abolished shall cease to

26  exist.  Judges of municipal courts shall remain in office and

27  be subject to reappointment or reelection in the manner

28  prescribed by law until said courts are terminated pursuant to

29  the provisions of this subsection.  Upon municipal courts

30  being terminated or abolished in accordance with the

31  provisions of this subsection, the judges thereof who are not

                                  31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  members of the bar of Florida, shall be eligible to seek

  2  election as judges of county courts of their respective

  3  counties.

  4         (5)  Judges, holding elective office in all other

  5  courts abolished by this article, whose terms do not expire in

  6  1973 including judges established pursuant to Article VIII,

  7  sections 9 and 11 of the Constitution of 1885 shall serve as

  8  judges of the county court for the remainder of the term to

  9  which they were elected.  Unless created pursuant to section

10  9, of this Article V such judicial office shall not continue

11  to exist thereafter.

12         (6)  By March 21, 1972, the supreme court shall certify

13  the need for additional circuit and county judges.  The

14  legislature in the 1972 regular session may by general law

15  create additional offices of judge, the terms of which shall

16  begin on the effective date of this article.  Elections to

17  such offices shall take place at the same time and manner as

18  election to other state judicial offices in 1972.

19         (7)  County judges of existing county judge's courts

20  and justices of the peace and magistrates' court who are not

21  members of bar of Florida shall be eligible to seek election

22  as county court judges of their respective counties.

23         (8)  No judge of a court abolished by this article

24  shall become or be eligible to become a judge of the circuit

25  court unless the judge has been a member of bar of Florida for

26  the preceding five years.

27         (9)  The office of judges of all other courts abolished

28  by this article shall be abolished as of the effective date of

29  this article.

30         (10)  The offices of county solicitor and prosecuting

31  attorney shall stand abolished, and all county solicitors and

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  prosecuting attorneys holding such offices upon the effective

  2  date of this article shall become and serve as assistant state

  3  attorneys for the circuits in which their counties are situate

  4  for the remainder of their terms, with compensation not less

  5  than that received immediately before the effective date of

  6  this article.

  7         (e)  LIMITED OPERATION OF SOME PROVISIONS.--

  8         (1)  All justices of the supreme court, judges of the

  9  district courts of appeal and circuit judges in office upon

10  the effective date of this article shall retain their offices

11  for the remainder of their respective terms.  All members of

12  the judicial qualifications commission in office upon the

13  effective date of this article shall retain their offices for

14  the remainder of their respective terms.  Each state attorney

15  in office on the effective date of this article shall retain

16  the office for the remainder of the term.

17         (2)  No justice or judge holding office immediately

18  after this article becomes effective who held judicial office

19  on July 1, 1957, shall be subject to retirement from judicial

20  office because of age pursuant to section 8 of this article.

21         (f)  Until otherwise provided by law, the nonjudicial

22  duties required of county judges shall be performed by the

23  judges of the county court.

24         (g)  All provisions of Article V of the Constitution of

25  1885, as amended, not embraced herein which are not

26  inconsistent with this revision shall become statutes subject

27  to modification or repeal as are other statutes.

28         (h)  The requirements of section 14 relative to all

29  county court judges or any judge of a municipal court who

30  continues to hold office pursuant to subsection (d)(4) hereof

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1  being compensated by state salaries shall not apply prior to

  2  January 3, 1977, unless otherwise provided by general law.

  3         (i)  DELETION OF OBSOLETE SCHEDULE ITEMS.--The

  4  legislature shall have power, by concurrent resolution, to

  5  delete from this article any subsection of this section 20

  6  including this subsection, when all events to which the

  7  subsection to be deleted is or could become applicable have

  8  occurred.  A legislative determination of fact made as a basis

  9  for application of this subsection shall be subject to

10  judicial review.

11         (j)  EFFECTIVE DATE.--Unless otherwise provided herein,

12  this article shall become effective at 11:59 o'clock P.M.,

13  Eastern Standard Time, January 1, 1973.

14         BE IT FURTHER RESOLVED that the following statement be

15  placed on the ballot:

16

17                     CONSTITUTIONAL AMENDMENT

18                            ARTICLE V

19

20         REVISION OF ARTICLE V.--Proposing a revision of Article

21  V of the State Constitution, relating to the Judiciary, to:

22         1.  Limit the jurisdiction of the courts, including

23    the jurisdiction to issue most writs, to actual cases in

24    law, equity, admiralty, and maritime jurisdiction and to

25    actual controversies arising under the Constitution and

26    the laws of the State of Florida and the United States.

27         2.  Prohibit rules of the Supreme Court from being

28    inconsistent with statutes in place at the time of the

29    adoption of the rules, and provide that the rules must be

30    revised to conform to subsequently adopted statutes that

31    regulate substantive rights and that rules may be

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1    repealed by general law adopted by a majority, rather

  2    than 2/3, of each house of the Legislature.

  3         3.  Provide that rules adopted by the court shall

  4    neither abridge, enlarge, nor modify the substantive

  5    rights of any litigant, but additional rulemaking power

  6    may be delegated to courts by general law.

  7         4.  Limit the District Courts of Appeal jurisdiction

  8    to appeals and the Supreme Court jurisdiction to appeals,

  9    advisory opinions authorized by the constitution, writs

10    of habeas corpus, and prohibitions and adoption of rules,

11    discipline, and review of questions certified by the

12    Supreme Court of the United States or a United States

13    Court of Appeal.

14         5.  Provide that writs issued by the Supreme Court

15    are subject to statutes of limitation and that in a

16    criminal case the statute of limitation shall be for a

17    period no shorter than 2 years from the final judgment or

18    mandate on direct appeal in a criminal case.

19         6.  Provide for the retention of Supreme Court

20    justices and District Courts of Appeal judges by a

21    two-thirds vote rather than a majority vote, and

22    eliminate local option for retention elections for county

23    and circuit court judges.

24         7.  Provide that the Governor shall nominate and

25    appoint applicants for a court vacancy with the advice

26    and consent of the Senate with a provision for

27    confirmation when the Senate is not in session, and

28    eliminate judicial nominating commissions.

29         8.  Provide that any nonprevailing party in any

30    civil proceeding or any defendant convicted in any

31    criminal proceeding may be assessed, as provided by

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1    general law, the full cost of all services used and

  2    expenses incurred in such proceeding as determined by the

  3    clerk of the circuit or county court, to the extent that

  4    such services or expenses are provided by certain

  5    appropriations, fees, or service charges.

  6         9.  Provide for the state funding of "courts

  7    established by the Constitution" rather than state

  8    funding of the "state court system."

  9         10.  Provide that the judiciary shall have no power

10    to set or modify legislative appropriations.

11         11.  Grant the Supreme Court exclusive jurisdiction

12    to discipline and regulate the admission of persons to

13    practice law before the courts and provide for regulation

14    by general law of the professional practice of law other

15    than before the courts.

16         12.  Provide that no attorney shall be required to

17    pay dues to any organization as a condition to admission

18    to practice law before the courts of the state and

19    prohibit the court from assessing any fee as a condition

20    to admission to practice law before the courts of the

21    state, and conform provisions relating to judges, state

22    attorneys, public defenders, and members of the Judicial

23    Qualifications Commission.

24         13.  Remove The Florida Bar from the appointment of

25    members of the Judicial Nominating Commission and allow

26    the Legislature to appoint attorney members to the

27    commission.

28         14.  Reduce judicial certification to optional

29    advice rather than constitutional determination of need.

30

31

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    Florida Senate - 2001                                 SJR 1794
    39-949-01                                               See HB




  1         15.  Restore the election of county and circuit

  2    judges by eliminating the 1998 amendment allowing local

  3    option for appointment and retention of such judges.

  4         16.  Eliminate judicial power to impose a gag rule

  5    on judicial candidates and allow political limitations by

  6    general law not inconsistent with other provisions of the

  7    Constitution.

  8

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