Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SJR 1672
Barcode 813108
LEGISLATIVE ACTION
Senate . House
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with title amendment)
2
3 Delete everything after the resolving clause
4 and insert:
5 That the following amendment to Section 10 of Article V of
6 the State Constitution is agreed to and shall be submitted to
7 the electors of this state for approval or rejection at the next
8 general election or at an earlier special election specifically
9 authorized by law for that purpose:
10 ARTICLE V
11 JUDICIARY
12 SECTION 10. Retention; election and terms.—
13 (a) Any justice or judge may qualify for retention by a
14 vote of the electors in the general election next preceding the
15 expiration of the justice’s or judge’s term in the manner
16 prescribed by law. If a justice or judge is ineligible or fails
17 to qualify for retention, a vacancy shall exist in that office
18 upon the expiration of the term being served by the justice or
19 judge. When a justice or judge so qualifies, the ballot shall
20 read substantially as follows: “Shall Justice (or Judge)
21 ...(name of justice or judge)... of the ...(name of the
22 court)... be retained in office?” If a majority of the qualified
23 electors voting within the territorial jurisdiction of the court
24 vote to retain, the justice or judge shall be retained for a
25 term of six years. The term of the justice or judge retained
26 shall commence on the first Tuesday after the first Monday in
27 January following the general election. If a majority of the
28 qualified electors voting within the territorial jurisdiction of
29 the court vote to not retain, a vacancy shall exist in that
30 office upon the expiration of the term being served by the
31 justice or judge. If at least 40 percent of the qualified
32 electors within the territorial jurisdiction of the court vote
33 not to retain a justice or judge, the Governor, with the advice
34 and consent of a two-thirds majority of the Senate, may declare
35 a vacancy of that office upon the expiration of the term being
36 served by the justice or judge.
37 (b)(1) The election of circuit judges shall be preserved
38 notwithstanding the provisions of subsection (a) unless a
39 majority of those voting in the jurisdiction of that circuit
40 approves a local option to select circuit judges by merit
41 selection and retention rather than by election. The election of
42 circuit judges shall be by a vote of the qualified electors
43 within the territorial jurisdiction of the court.
44 (2) The election of county court judges shall be preserved
45 notwithstanding the provisions of subsection (a) unless a
46 majority of those voting in the jurisdiction of that county
47 approves a local option to select county judges by merit
48 selection and retention rather than by election. The election of
49 county court judges shall be by a vote of the qualified electors
50 within the territorial jurisdiction of the court.
51 (3)a. A vote to exercise a local option to select circuit
52 court judges and county court judges by merit selection and
53 retention rather than by election shall be held in each circuit
54 and county at the general election in the year 2000. If a vote
55 to exercise this local option fails in a vote of the electors,
56 such option shall not again be put to a vote of the electors of
57 that jurisdiction until the expiration of at least two years.
58 b. After the year 2000, a circuit may initiate the local
59 option for merit selection and retention or the election of
60 circuit judges, whichever is applicable, by filing with the
61 custodian of state records a petition signed by the number of
62 electors equal to at least ten percent of the votes cast in the
63 circuit in the last preceding election in which presidential
64 electors were chosen.
65 c. After the year 2000, a county may initiate the local
66 option for merit selection and retention or the election of
67 county court judges, whichever is applicable, by filing with the
68 supervisor of elections a petition signed by the number of
69 electors equal to at least ten percent of the votes cast in the
70 county in the last preceding election in which presidential
71 electors were chosen. The terms of circuit judges and judges of
72 county courts shall be for six years.
73 BE IT FURTHER RESOLVED that the following statement be
74 placed on the ballot:
75 CONSTITUTIONAL AMENDMENT
76 ARTICLE V, SECTION 10
77 BROADER PUBLIC SUPPORT FOR RETENTION OF JUSTICES AND
78 JUDGES.—This proposed amendment increases the threshold of
79 public support needed to retain justices and judges chosen by
80 merit selection and retention. Under current law, a justice or
81 judge who appears on the ballot in a retention election is
82 retained if a simple majority of electors vote to retain the
83 justice or judge. This amendment provides that a justice or
84 judge who appears on the ballot in a retention election is
85 retained if at least 40 percent of qualified electors vote to
86 retain the justice or judge. This amendment also authorizes the
87 Governor, with the advice and consent of a two-thirds majority
88 of the Senate, to declare a vacancy of the justice or judge’s
89 office upon the expiration of his or her term. The amendment
90 does not apply to judges who are chosen by election and not by
91 merit selection and retention. This amendment takes effect
92 immediately upon approval by the voters and applies to retention
93 elections beginning with the 2012 General Election.
94
95 BE IT FURTHER RESOLVED that the following statement be
96 placed on the ballot if a court declares the preceding statement
97 defective and the decision of the court is not reversed:
98 CONSTITUTIONAL AMENDMENT
99 ARTICLE V, SECTION 10
100 RETENTION OF JUSTICES AND JUDGES.—Currently, retention of a
101 justice or judge who seeks a new 6-year term requires a simple
102 majority vote of the qualified electors voting within the
103 territorial jurisdiction of the court. This amendment increases
104 the requirement to at least 40 percent of those qualified
105 electors. The amendment takes effect as soon as it is approved
106 by the electors, and it applies to any vote to retain a justice
107 or judge on the ballot in the same general election.
108
109 BE IT FURTHER RESOLVED that the following statement be
110 placed on the ballot if a court declares the preceding statement
111 defective and the decision of the court is not reversed:
112 CONSTITUTIONAL AMENDMENT
113 ARTICLE V, SECTION 10
114 INCREASING THE THRESHOLD REQUIRED TO RETAIN JUSTICES AND
115 JUDGES.—Proposing an amendment to the State Constitution to
116 increase the threshold required to retain justices and judges.
117 Under current law, a justice or judge appears on the ballot at
118 the end of each term of office for a retention election. If a
119 majority of the votes cast are for retention, the justice or
120 judge continues in office, but if a majority votes not to
121 retain, the justice or judge is removed from office at the end
122 of the term of office. This amendment changes the threshold to
123 at least 40 percent; that is, of the votes cast, 40 percent or
124 more would have to be votes to retain the justice or judge in
125 order for the justice or judge to retain his or her office for
126 another term. This provision will apply to all state court
127 appellate justices and judges, but will apply only to trial
128 court judges in your judicial circuit or your county if your
129 circuit or county has approved merit selection and retention;
130 otherwise, this proposed amendment will not affect your circuit
131 court judges or county court judges, respectively. The amendment
132 applies immediately to any justice or judge who is on the ballot
133 for a retention vote in this election.
134
135 BE IT FURTHER RESOLVED that the following statement be
136 placed on the ballot if a court declares the preceding statement
137 defective and the decision of the court is not reversed:
138 CONSTITUTIONAL AMENDMENT
139 ARTICLE V, SECTION 10
140 INCREASING THE VOTE REQUIRED TO RETAIN A JUSTICE OR JUDGE.
141 The State Constitution currently provides that a justice or
142 judge qualifies to be retained in office for an additional term
143 by receiving the votes of a majority of the qualified electors
144 voting within the court’s jurisdiction in an election before the
145 term of the justice or judge ends. This proposed amendment
146 raises the required votes for retention from a majority of the
147 qualified electors voting within the court’s jurisdiction to at
148 least 40 percent. If more than 40 percent of qualified electors
149 vote against retention, the Governor, with the advice and
150 consent of a two-thirds majority of the Senate, may declare a
151 vacancy in the office when the justice’s or judge’s term
152 expires. The proposed amendment takes effect immediately and
153 applies beginning with any judicial retention vote that is
154 occurring in this same general election.
155
156 ================= T I T L E A M E N D M E N T ================
157 And the title is amended as follows:
158 Delete everything before the resolving clause
159 and insert:
160 A bill to be entitled
161 A joint resolution proposing an amendment to Section
162 10 of Article V of the State Constitution to increase
163 the vote required to retain a justice or judge in a
164 judicial office and to provide for the increased vote
165 requirement to apply beginning with retention
166 elections during the 2012 General Election.