House Bill hb0627

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    Florida House of Representatives - 2001                HJR 627

        By Representative Brummer






  1                      House Joint Resolution

  2         A joint resolution proposing an amendment to

  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 amendment to Article V of the State

  9  Constitution set forth below is agreed to and shall be

10  submitted to the electors of Florida for approval or rejection

11  at the general election to be held in November 2002:

12

13                            ARTICLE V

14                            JUDICIARY

15         SECTION 1.  Courts.--

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

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

18  courts. Subject to any additional limitations established in

19  this constitution, the jurisdiction of such courts shall

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

21  maritime jurisdiction, and to actual controversies arising

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

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

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

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

26  appellate court districts and judicial circuits following

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

28  geographical jurisdiction up to and including the entire state

29  respecting any subject matter granted within such jurisdiction

30  exclusively to that court by general law. Commissions

31  established by law, or administrative officers or bodies may

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

  2  functions of their offices. The legislature may establish by

  3  general law a civil traffic hearing officer system for the

  4  purpose of hearing civil traffic infractions.  The legislature

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

  6  conducted by military judges of the Florida National Guard,

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

  8  Appeal, First District.

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

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

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

12  cognizable by such court is required to establish the

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

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

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

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

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

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

19  holding an office when challenged by competing claimant to

20  such office. All writs except those directed to judicial

21  officers shall be subject to statutes of limitation as

22  provided by general law.

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

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

25  practice and procedure in all courts including the time for

26  seeking appellate review, the administrative supervision of

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

28  any proceeding when the jurisdiction of another court has been

29  improvidently invoked, and a requirement that no cause shall

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

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

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  1  district courts of appeal to submit questions relating to

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

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

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

  5  such rules, shall be revised to conform to subsequently

  6  adopted statutes that regulate substantive rights, and may be

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

  8  membership of each house of the legislature. Rules adopted

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

10  modify the substantive rights of any litigant, but additional

11  rulemaking power may be expressly delegated to courts by

12  general law.

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

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

15  chief administrative officer of the courts established by this

16  constitution judicial system; and shall have the power to

17  assign justices or judges, including consenting retired

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

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

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

21  circuit.

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

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

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

25  shall be responsible for the administrative supervision of the

26  court.

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

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

29  The chief judge shall be responsible for the administrative

30  supervision of the circuit courts and county courts in his

31  circuit.

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  1         SECTION 3.  Supreme court.--

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

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

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

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

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

  7  Five justices shall constitute a quorum.  The concurrence of

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

  9  for cause would prohibit the court from convening because of

10  the requirements of this section, judges assigned to temporary

11  duty may be substituted for justices.

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

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

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

15  courts imposing the death penalty and from decisions of

16  district courts of appeal declaring invalid a state statute or

17  a provision of the state constitution.

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

19  from final judgments entered in proceedings for the validation

20  of bonds or certificates of indebtedness and shall review

21  action of statewide agencies relating to rates or service of

22  utilities providing electric, gas, or telephone service.

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

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

25  expressly construes a provision of the state or federal

26  constitution, or that expressly affects a class of

27  constitutional or state officers, or that expressly and

28  directly conflicts with a decision of another district court

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

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

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

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

  2  direct conflict with a decision of another district court of

  3  appeal.

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

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

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

  7  great effect on the proper administration of justice

  8  throughout the state, and certified to require immediate

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

10  requiring immediate resolution by the supreme court, the

11  district court's jurisdiction shall be retained unless and

12  until the supreme court issues an order accepting

13  jurisdiction.

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

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

16  Appeals which is determinative of the cause and for which

17  there is no controlling precedent of the supreme court of

18  Florida.

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

20  writs necessary to the complete exercise of its jurisdiction,

21  provided that "all writs" does not grant jurisdiction in any

22  case or controversy not otherwise within the court's

23  jurisdiction under paragraphs (1) through (5) of this

24  subsection.

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

26  state officers and state agencies in cases or controversies

27  otherwise properly before the court.

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

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

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

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

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  1  limitation of not shorter than two years from the final

  2  judgment or mandate on direct appeal in a criminal case.

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

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

  5  an advisory opinion of the justices, addressing issues as

  6  provided by general law. This provision constitutes an

  7  exception to the case and and controversy limitation provided

  8  in Section One of this Article and such opinion shall be

  9  binding upon all citizens of this state.

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

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

12  opinion of the justices as therein provided. This provision

13  constitutes an exception to the case and controversy

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

15  such opinion shall not be binding upon any party not

16  voluntarily participating in such proceeding.

17         (12)  Shall not have jurisdiction to hear original

18  proceedings unless instituted against or relating to a

19  judicial officer or officer of the court pursuant to paragraph

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

21  including claims ancillary to such case or controversy, or

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

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

24  subsection.

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

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

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

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

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

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

31  sheriff or a deputy sheriff for such purpose.

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  1         SECTION 4.  District courts of appeal.--

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

  3  appeal serving each appellate district.  Each district court

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

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

  6  necessary to a decision.

  7         (b)  JURISDICTION.--

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

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

10  otherwise limited by general law, district courts of appeal

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

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

13  courts, including those entered on review of administrative

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

15  circuit court.  They may review interlocutory orders in such

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

17  court.

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

19  direct review of administrative action, as prescribed by

20  general law.

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

22  may issue writs of habeas corpus returnable before the court

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

24  territorial jurisdiction of the court, provided that such

25  writs are subject to statutes of limitation of not shorter

26  than two years from the final judgment or mandate on direct

27  appeal in a criminal case.  A district court of appeal may

28  issue writs of mandamus, certiorari, prohibition, quo

29  warranto, and other writs necessary to the complete exercise

30  of its jurisdiction, provided that this sentence does not

31  grant jurisdiction in any case or controversy not otherwise

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  1  within the court's jurisdiction pursuant to paragraphs (1) and

  2  (2) of this subsection.  To the extent necessary to dispose of

  3  all issues in a cause properly before it, a district court of

  4  appeal may exercise any of the appellate jurisdiction of the

  5  circuit courts.

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

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

  8  office during the pleasure of the court and perform such

  9  duties as the court directs.  Their compensation shall be

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

11  execute the process of the court throughout the territorial

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

13  sheriff or a deputy sheriff for such purpose.

14         SECTION 5.  Circuit courts.--

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

16  serving each judicial circuit.

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

18  original jurisdiction not vested in the county courts, and

19  jurisdiction of appeals when provided by general law.  They

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

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

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

23  writs necessary or proper to the complete exercise of their

24  jurisdiction. Jurisdiction of the circuit court shall be

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

26  direct review of administrative action prescribed by general

27  law.

28         SECTION 6.  County courts.--

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

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

31  county court as prescribed by general law.

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

  2  the jurisdiction prescribed by general law.  Such jurisdiction

  3  shall be uniform throughout the state.

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

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

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

  7  criminal trials and hearings in any place within the

  8  territorial jurisdiction of the court as designated by the

  9  chief judge of the circuit.

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

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

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

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

14  after attaining the age of seventy years except upon temporary

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

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

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

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

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

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

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

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

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

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

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

26  preceding five years, a resident authorized to practice low in

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

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

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

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

31

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  1  resident authorized to practice law in member in good standing

  2  of the bar of Florida.

  3         SECTION 9.  Establishment of number of judges

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

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

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

  7  established by general law.  The supreme court may make

  8  recommendations to the legislature regarding any need for an

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

10  judicial districts or judicial circuits. The supreme court

11  shall establish by rule uniform criteria for the determination

12  of the need for additional judges except supreme court

13  justices, the necessity for decreasing the number of judges

14  and for increasing, decreasing or redefining appellate

15  districts and judicial circuits.  If the supreme court finds

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

17  judges or increasing, decreasing or redefining appellate

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

19  regular session of the legislature, certify to the legislature

20  its findings and recommendations concerning such need.  Upon

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

22  regular session, shall consider the findings and

23  recommendations and may reject the recommendations or by law

24  implement the recommendations in whole or in part; provided

25  the legislature may create more judicial offices than are

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

27  judicial offices by a greater number than recommended by the

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

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

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

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

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  1  findings as provided above when need exists, the legislature

  2  may by concurrent resolution request the court to certify its

  3  findings and recommendations and upon the failure of the court

  4  to certify its findings for nine consecutive months, the

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

  6  membership of both houses of the legislature that a need

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

  8  decrease or redefine appellate districts and judicial

  9  circuits.

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

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

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

13  general election next preceding the expiration of the

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

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

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

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

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

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

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

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

22  of the qualified electors voting within the territorial

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

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

25  justice or judge retained shall commence on the first Tuesday

26  after the first Monday in January following the general

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

28  electors voting on the question of retention within the

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

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

31  term being served by the justice or judge.

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

  2  preserved notwithstanding the provisions of subsection (a)

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

  4  circuit approves a local option to select circuit judges by

  5  merit selection and retention rather than by election. The

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

  7  electors within the territorial jurisdiction of the court.

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

  9  preserved notwithstanding the provisions of subsection (a)

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

11  county approves a local option to select county judges by

12  merit selection and retention rather than by election. The

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

14  qualified electors within the territorial jurisdiction of the

15  court.

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

17  circuit court judges and county court judges by merit

18  selection and retention rather than by election shall be held

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

20  2000. If a vote to exercise this local option fails in a vote

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

22  of the electors of that jurisdiction until the expiration of

23  at least two years.

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

25  local option for merit selection and retention or the election

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

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

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

29  in the last preceding election in which presidential electors

30  were chosen.

31

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

  2  local option for merit selection and retention or the election

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

  4  with the supervisor of elections a petition signed by the

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

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

  7  presidential electors were chosen. The terms of circuit judges

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

  9         SECTION 11.  Vacancies.--

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

11  which election for retention applies, the governor shall fill

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

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

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

15  following the next general election occurring at least one

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

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

18  six persons nominated by the appropriate judicial nominating

19  commission.

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

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

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

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

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

25  of the year following the next primary and general election

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

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

28  three persons nor more than six persons nominated by the

29  appropriate judicial nominating commission.  An election shall

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

31  office beginning at the end of the appointed term.

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  1         (c)  The governor shall make the nomination within

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

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

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

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

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

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

  8  transmits the nomination, the senate may call itself into

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

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

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

12  following the governor's transmission of a judicial

13  nomination, and the senate does not convene within such

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

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

16  period and does not confirm such nomination by majority vote

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

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

19  the senate in effect immediately prior to the nomination

20  provide for confirmation in such circumstances.  A person

21  nominated to judicial office and rejected by the senate shall

22  not be eligible for nomination to any judicial office until

23  the next following general election. The nominations shall be

24  made within thirty days from the occurrence of a vacancy

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

26  to exceed thirty days.  The governor shall make the

27  appointment within sixty days after the nominations have been

28  certified to the governor.

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

30  may limit the political rights of candidates for election or

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

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  1  serving a political organization, endorsing or opposing other

  2  candidates for public office, making speeches, attending

  3  political functions, or making statements with respect to

  4  issues; however, such limits consistent with other provisions

  5  of this constitution may be imposed by general law. There

  6  shall be a separate judicial nominating commission as provided

  7  by general law for the supreme court, each district court of

  8  appeal, and each judicial circuit for all trial courts within

  9  the circuit.  Uniform rules of procedure shall be established

10  by the judicial nominating commissions at each level of the

11  court system. Such rules, or any part thereof, may be repealed

12  by general law enacted by a majority vote of the membership of

13  each house of the legislature, or by the supreme court, five

14  justices concurring. Except for deliberations of the judicial

15  nominating commissions, The proceedings of the commissions and

16  their records shall be open to the public.

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

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

19  qualifications commission is created.

20         (1)  There shall be a judicial qualifications

21  commission vested with jurisdiction to investigate and

22  recommend to the Supreme Court of Florida the removal from

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

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

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

26  demonstrates a present unfitness to hold office, and to

27  investigate and recommend the discipline of a justice or judge

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

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

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

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

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

  2  lawyer discipline. The commission shall have jurisdiction over

  3  justices and judges regarding allegations that misconduct

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

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

  6  a justice or judge. The commission shall have jurisdiction

  7  regarding allegations of incapacity during service as a

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

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

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

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

12  selected by the judges of those courts;

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

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

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

16  concurrent or joint resolution governing body of the bar of

17  Florida; and

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

19  never held judicial office or been authorized to practice law

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

21  appointed by the governor.

22         (2)  The members of the judicial qualifications

23  commission shall serve staggered terms, not to exceed six

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

25  commission except a judge shall be eligible for state judicial

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

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

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

29  campaign for judicial office or hold public office; provided

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

31

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

  2  chairperson.

  3         (3)  Members of the judicial qualifications commission

  4  not subject to impeachment shall be subject to removal from

  5  the commission pursuant to the provisions of Article IV,

  6  Section 7, Florida Constitution.

  7         (4)  The commission shall adopt rules regulating its

  8  proceedings, the filling of vacancies by the appointing

  9  authorities, the disqualification of members, the rotation of

10  members between the panels, and the temporary replacement of

11  disqualified or incapacitated members.  The commission's

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

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

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

15  concurring. The commission shall have power to issue

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

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

18  court of Florida all proceedings by or before the commission

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

20  probable cause and the filing by the investigative panel with

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

22  such charges and all further proceedings before the commission

23  shall be public.

24         (5)  The commission shall have access to all

25  information from all executive, legislative and judicial

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

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

28  house of representatives or the governor, the commission shall

29  make available all information in the possession of the

30  commission for use in consideration of impeachment or

31  suspension, respectively.

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

  2  investigative panel and a hearing panel as established by rule

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

  4  jurisdiction to receive or initiate complaints, conduct

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

  6  simple majority of the panel submit formal charges to the

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

  8  to receive and hear formal charges from the investigative

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

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

11  involuntary retirement of a justice or judge for any permanent

12  disability that seriously interferes with the performance of

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

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

15  court that the justice or judge be subject to appropriate

16  discipline.

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

18  recommendations from the judicial qualifications commission's

19  hearing panel.

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

21  whole or in part the findings, conclusions, and

22  recommendations of the commission and it may order that the

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

24  removed from office with termination of compensation for

25  willful or persistent failure to perform judicial duties or

26  for other conduct unbecoming a member of the judiciary

27  demonstrating a present unfitness to hold office, or be

28  involuntarily retired for any permanent disability that

29  seriously interferes with the performance of judicial duties.

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

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

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  1  of a justice or judge whose conduct demonstrates a present

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

  3  proceeding and upon request of the investigative panel, the

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

  5  with or without compensation, pending final determination of

  6  the inquiry.

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

  8  prevailing party.

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

10  shall be both alternative and cumulative to the power of

11  impeachment.

12         (e)  Notwithstanding any of the foregoing provisions of

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

14  by the judicial qualifications commission is a justice of the

15  supreme court of Florida all justices of such court

16  automatically shall be disqualified to sit as justices of such

17  court with respect to all proceedings therein concerning such

18  person and the supreme court for such purposes shall be

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

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

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

22  determining seniority of such circuit judges in the event

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

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

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

26  circuit judge is under investigation by the judicial

27  qualifications commission or is otherwise disqualified or

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

29  circuit judge or judges shall serve in place of such

30  disqualified or disabled chief circuit judge.

31

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

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

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

  4  an investigation shall be governed by rules adopted by the

  5  supreme court SCHEDULE TO SECTION 12.--

  6         (1)  Except to the extent inconsistent with the

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

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

  9  continue in effect until superseded in the manner authorized

10  by the constitution.

11         (2)  After this section becomes effective and until

12  adopted by rule of the commission consistent with it:

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

14  the chairperson, into one investigative panel and one hearing

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

16         b.  The investigative panel shall be composed of:

17         1.  Four judges,

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

19         3.  Three non-lawyers.

20         c.  The hearing panel shall be composed of:

21         1.  Two judges,

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

23         3.  Two non-lawyers.

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

25  determined by the rules of the commission provided that no

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

27  panel on the same proceeding.

28         e.  The commission shall hire separate staff for each

29  panel.

30         f.  The members of the commission shall serve for

31  staggered terms of six years.

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

  2  judicial qualifications commission shall expire upon the

  3  effective date of the amendments to this section approved by

  4  the legislature during the regular session of the legislature

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

  6  following staggered terms:

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

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

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

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

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

12  shall expire on December 31, 1998.

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

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

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

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

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

18  2000.

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

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

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

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

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

24  on December 31, 2002.

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

26  shall be for the remainder of the term.

27         i.  Selection of members by district courts of appeal

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

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

30  respective courts' conferences. Selection of members by the

31

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

  2  than a majority of the board.

  3         j.  The commission shall be entitled to recover the

  4  costs of investigation and prosecution, in addition to any

  5  penalty levied by the supreme court.

  6         k.  The compensation of members and referees shall not

  7  exceed be the travel expenses or transportation and per diem

  8  allowance as may be provided by general law.

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

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

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

12  political party.

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

14  judges shall be compensated only by state salaries fixed by

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

16  appropriations.

17         SECTION 14.  Funding.--

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

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

20  operation of state courts established by this constitution

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

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

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

24  appropriated by general law.

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

26  circuit and county courts performing court-related functions,

27  except as otherwise provided in this subsection and subsection

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

29  for judicial proceedings and service charges and costs for

30  performing court-related functions as required or authorized

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

                                  22

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  1  state courts established by this constitution system may be

  2  funded from appropriate filing fees for judicial proceedings

  3  and service charges and costs for performing court-related

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

  5  of either the United States Constitution or the Constitution

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

  7  for judicial proceedings and service charges and costs for

  8  performing court-related functions sufficient to fund the

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

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

11  determined by the legislature, adequate and appropriate

12  supplemental funding from state revenues appropriated by

13  general law. Any nonprevailing party in any civil proceeding

14  or any defendant convicted in any criminal proceeding may be

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

16  services utilized and expenses incurred in such proceeding as

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

18  extent that such services or expenses are provided by

19  appropriations, fees, or service charges pursuant to this

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

21  enforced as any money judgment or tax obligation.

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

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

24  the state courts established by this constitution system,

25  state attorneys' offices, public defenders' offices,

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

27  circuit and county courts performing court-related functions.

28  Counties shall be required to fund the cost of communications

29  services, existing radio systems, existing multi-agency

30  criminal justice information systems, and the cost of

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

                                  23

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

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

  3  circuit and county courts performing court-related functions.

  4  Counties shall also pay reasonable and necessary salaries,

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

  6  constitution system to meet local requirements as determined

  7  by general law.

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

  9  any modification of appropriations.

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

11  supreme court shall have exclusive jurisdiction to regulate

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

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

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

15  appropriations, disciplinary penalties, and fees paid to the

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

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

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

19  practice law before the courts of this state.  The

20  professional practice of law other than before the courts of

21  this state may be regulated by general law.

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

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

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

25  Notwithstanding any other provision of the constitution, the

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

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

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

29  board of county commissioners, auditor, recorder, and

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

31  county court if authorized by general or special law.

                                  24

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

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

  3  Except as otherwise provided in this constitution, the state

  4  attorney shall be the prosecuting officer of all trial courts

  5  in that circuit and shall perform other duties prescribed by

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

  7  law, the violations of all municipal ordinances may be

  8  prosecuted by municipal prosecutors.  A state attorney shall

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

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

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

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

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

14  law.  State attorneys shall appoint such assistant state

15  attorneys as may be authorized by law.

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

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

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

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

20  the territorial jurisdiction of the circuit and shall be and

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

22  Florida for the preceding five years.  Public defenders shall

23  appoint such assistant public defenders as may be authorized

24  by law.

25         SECTION 19.  Judicial officers as conservators of the

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

27  conservators of the peace.

28         SECTION 20.  Schedule to Article V.--

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

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

31  repealed.

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  1         (b)  Except to the extent inconsistent with the

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

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

  4  continue in effect until superseded in the manner authorized

  5  by the constitution.

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

  7  changed by general law consistent with sections 1 through 19

  8  of this article:

  9         (1)  The supreme court shall have the jurisdiction

10  immediately theretofore exercised by it, and it shall

11  determine all proceedings pending before it on the effective

12  date of this article.

13         (2)  The appellate districts shall be those in

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

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

16  district courts of appeal shall have the jurisdiction

17  immediately theretofore exercised by the district courts of

18  appeal and shall determine all proceedings pending before them

19  on the effective date of this article.

20         (3)  Circuit courts shall have jurisdiction of appeals

21  from county courts and municipal courts, except those appeals

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

23  shall have exclusive original jurisdiction in all actions at

24  law not cognizable by the county courts; of proceedings

25  relating to the settlement of the estate of decedents and

26  minors, the granting of letters testamentary, guardianship,

27  involuntary hospitalization, the determination of

28  incompetency, and other jurisdiction usually pertaining to

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

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

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

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

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

  3  actions involving the titles or boundaries or right of

  4  possession of real property.  The circuit court may issue

  5  injunctions.  There shall be judicial circuits which shall be

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

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

  8  county court judge to order emergency hospitalizations

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

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

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

12  temporary injunctions necessary or proper to the complete

13  exercise of such jurisdiction.

14         (4)  County courts shall have original jurisdiction in

15  all criminal misdemeanor cases not cognizable by the circuit

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

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

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

19  ($2,500.00) exclusive of interest and costs, except those

20  within the exclusive jurisdiction of the circuit courts.

21  Judges of county courts shall be committing magistrates.  The

22  county courts shall have jurisdiction now exercised by the

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

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

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

26  claims courts, the small claims magistrates courts,

27  magistrates courts, justice of the peace courts, municipal

28  courts and courts of chartered counties, including but not

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

30  9, 10, 11 and 24 of the Constitution of 1885.

31

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  1         (5)  Each judicial nominating commission shall be

  2  composed of the following:

  3         a.  Three members appointed by the Board of Governors

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

  5  actively engaged in the practice of law with offices within

  6  the territorial jurisdiction of the affected court, district

  7  or circuit;

  8         b.  Three electors who reside in the territorial

  9  jurisdiction of the court or circuit appointed by the

10  governor; and

11         c.  Three electors who reside in the territorial

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

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

14  vote of the other six members of the commission.

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

16  judicial nominating commission.  A member of a judicial

17  nominating commission may hold public office other than

18  judicial office.  No member shall be eligible for appointment

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

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

21  thereafter.  All acts of a judicial nominating commission

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

23         (7)  The members of a judicial nominating commission

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

25  initial members of the judicial nominating commissions shall

26  expire as follows:

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

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

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

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

31

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

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

  3         (8)  All fines and forfeitures arising from offenses

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

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

  6  account.  All fines and forfeitures received from violations

  7  of ordinances or misdemeanors committed within a county or

  8  municipal ordinances committed within a municipality within

  9  the territorial jurisdiction of the county court shall be paid

10  monthly to the county or municipality respectively.  If any

11  costs are assessed and collected in connection with offenses

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

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

14  funds as prescribed by general law.

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

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

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

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

19  its citizens and police officers and upon such application

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

21  unless the chief judge shall determine the request is not

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

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

24  municipality may apply to the supreme court for an order

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

26  municipality or county which so applies shall be required to

27  provide the appropriate physical facilities in which the

28  county court may hold court.

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

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

31  supreme court.

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

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

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

  4  Florida.

  5         (12)  Municipal prosecutors may prosecute violations of

  6  municipal ordinances.

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

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

  9  from any court.

10         (d)  When this article becomes effective:

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

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

13  exist and jurisdiction to conclude all pending cases and

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

15  that would have jurisdiction of the cause if thereafter

16  instituted.  All records of and property held by courts

17  abolished hereby shall be transferred to the proper office of

18  the appropriate court under this article.

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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

  3  shall be an additional number of positions of circuit judges

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

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

  6  1973.  Elections to such offices shall take place at the same

  7  time and manner as elections to other state judicial offices

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

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

10  article, the number of circuit judges presently existing and

11  created by this subsection shall not be changed.

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

13  100,000 according to the 1970 federal census and having more

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

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

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

17  unless changed pursuant to section 9 of this article.

18         (4)  Municipal courts shall continue with their same

19  jurisdiction until amended or terminated in a manner

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

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

22  municipal courts not previously abolished shall cease to

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

24  be subject to reappointment or reelection in the manner

25  prescribed by law until said courts are terminated pursuant to

26  the provisions of this subsection.  Upon municipal courts

27  being terminated or abolished in accordance with the

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

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

30  election as judges of county courts of their respective

31  counties.

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

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

  3  1973 including judges established pursuant to Article VIII,

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

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

  6  which they were elected.  Unless created pursuant to section

  7  9, of this Article V such judicial office shall not continue

  8  to exist thereafter.

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

10  the need for additional circuit and county judges.  The

11  legislature in the 1972 regular session may by general law

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

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

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

15  election to other state judicial offices in 1972.

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

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

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

19  as county court judges of their respective counties.

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

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

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

23  the preceding five years.

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

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

26  this article.

27         (10)  The offices of county solicitor and prosecuting

28  attorney shall stand abolished, and all county solicitors and

29  prosecuting attorneys holding such offices upon the effective

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

31  attorneys for the circuits in which their counties are situate

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

  2  than that received immediately before the effective date of

  3  this article.

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

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

  6  district courts of appeal and circuit judges in office upon

  7  the effective date of this article shall retain their offices

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

  9  the judicial qualifications commission in office upon the

10  effective date of this article shall retain their offices for

11  the remainder of their respective terms.  Each state attorney

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

13  the office for the remainder of the term.

14         (2)  No justice or judge holding office immediately

15  after this article becomes effective who held judicial office

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

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

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

19  duties required of county judges shall be performed by the

20  judges of the county court.

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

22  1885, as amended, not embraced herein which are not

23  inconsistent with this revision shall become statutes subject

24  to modification or repeal as are other statutes.

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

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

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

28  being compensated by state salaries shall not apply prior to

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

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

31  legislature shall have power, by concurrent resolution, to

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  1  delete from this article any subsection of this section 20

  2  including this subsection, when all events to which the

  3  subsection to be deleted is or could become applicable have

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

  5  for application of this subsection shall be subject to

  6  judicial review.

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

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

  9  Eastern Standard Time, January 1, 1973.

10         BE IT FURTHER RESOLVED that in accordance with the

11  requirements of section 101.161, Florida Statutes, the title

12  and substance of the amendment proposed herein shall appear on

13  the ballot as follows:

14

15         Proposing a series of amendments to Article V relating

16  to the Judiciary. The amendments include the following

17  provisions:

18         1.  Limits the jurisdiction of the courts, including

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

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

21    actual controversies arising under the Constitution and

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

23         2.  Prohibits rules of the Supreme Court from being

24    inconsistent with statutes in place at the time of the

25    adoption of the rules, and provides that the rules must

26    be revised to conform to subsequently adopted statutes

27    that regulate substantive rights and that rules may be

28    repealed by general law adopted by a majority, rather

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

30         3.  Provides that rules adopted by the court shall

31    neither abridge, enlarge, nor modify the substantive

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  1    rights of any litigant, but additional rulemaking power

  2    may be delegated to courts by general law.

  3         4.  Limits the District Courts of Appeal

  4    jurisdiction to appeals and the Supreme Court

  5    jurisdiction to appeals, advisory opinions authorized by

  6    the constitution, writs of habeas corpus, and

  7    prohibitions and adoption of rules, discipline, and

  8    review of questions certified by the Supreme Court of the

  9    United States or a United States Court of Appeal.

10         5.  Provides that writs issued by the Supreme Court

11    are subject to statutes of limitation and that in a

12    criminal case the statute of limitation shall be no

13    shorter than 2 years from the final judgement or mandate

14    on direct appeal in a criminal case.

15         6.  Provides for the retention of Supreme Court

16    justices and district courts of appeal judges by a

17    two-thirds vote rather than a majority vote.

18         7.  Provides that the Governor shall nominate and

19    appoint applicants for a court vacancy with the advice

20    and consent of the Senate with a provision for

21    confirmation when the Senate is not in session.

22    Eliminates judicial nominating commissions.

23         8.  Provides that any nonprevailing party in any

24    civil proceeding or any defendant convicted in any

25    criminal proceeding may be assessed, as provided by

26    general law, the full cost of all services utilized and

27    expenses incurred in such proceeding as determined by the

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

29    such services or expenses are provided by certain

30    appropriations, fees, or service charges.

31

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  1         9.  Provides for the state funding of "courts

  2    established by the Constitution" rather than state

  3    funding of the "state court system."

  4         10.  Provides that the judiciary shall have no power

  5    to set or modify legislative appropriations.

  6         11.  Grants the Supreme Court exclusive jurisdiction

  7    to discipline and regulate the admission of persons to

  8    practice law before the courts and provides for

  9    regulation, by general law, of the professional practice

10    of law other than before the courts.

11         12.  Provides that no attorney shall be required to

12    pay dues to any organization as a condition to admission

13    to practice law before the courts of the state and

14    prohibits the court from assessing any fee as a condition

15    to admission to practice law before the courts of the

16    state. Conforms provisions relating to judges, state

17    attorneys, public defenders, and members of the Judicial

18    Qualifications Commission.

19         13.  Removes The Florida Bar from appointing members

20    of the Judicial Qualifications Commission and allows the

21    Legislature to appoint attorney members to the

22    commission.

23         14.  Reduces judicial certification to optional

24    advice rather than constitutional determination of need.

25         15.  Restores the election of county and circuit

26    judges by eliminating the 1998 amendment allowing local

27    option for appointment and retention of such judges.

28         16.  Removes ability to limit by rule the political

29    rights of candidates for judicial office, but allows such

30    limits by general law if consistent with other provisions

31    of the constitution.

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