Florida Senate - 2011 SJR 2084 By the Committee on Judiciary 590-03242-11 20112084__ 1 Senate Joint Resolution 2 A joint resolution proposing an amendment to Section 2 3 of Article V of the State Constitution to reduce the 4 vote threshold required for the Legislature to enact a 5 law repealing a rule of court and to prohibit the 6 Supreme Court from readopting a rule repealed by the 7 Legislature for a prescribed period. 8 9 Be It Resolved by the Legislature of the State of Florida: 10 11 That the following amendment to Section 2 of Article V of 12 the State Constitution is agreed to and shall be submitted to 13 the electors of this state for approval or rejection at the next 14 general election or at an earlier special election specifically 15 authorized by law for that purpose: 16 ARTICLE V 17 JUDICIARY 18 SECTION 2. Administration; practice and procedure.— 19 (a) The supreme court shall adopt rules for the practice 20 and procedure in all courts including the time for seeking 21 appellate review, the administrative supervision of all courts, 22 the transfer to the court having jurisdiction of any proceeding 23 when the jurisdiction of another court has been improvidently 24 invoked, and a requirement that no cause shall be dismissed 25 because an improper remedy has been sought. The supreme court 26 shall adopt rules to allow the court and the district courts of 27 appeal to submit questions relating to military law to the 28 federal Court of Appeals for the Armed Forces for an advisory 29 opinion. Rules of court may be repealed by general law enacted 30 by a three-fifths
two-thirdsvote of the membership of each 31 house of the legislature. The supreme court may not readopt a 32 rule within three years after the rule has been repealed by 33 general law. 34 (b) The chief justice of the supreme court shall be chosen 35 by a majority of the members of the court; shall be the chief 36 administrative officer of the judicial system; and shall have 37 the power to assign justices or judges, including consenting 38 retired justices or judges, to temporary duty in any court for 39 which the judge is qualified and to delegate to a chief judge of 40 a judicial circuit the power to assign judges for duty in that 41 circuit. 42 (c) A chief judge for each district court of appeal shall 43 be chosen by a majority of the judges thereof or, if there is no 44 majority, by the chief justice. The chief judge shall be 45 responsible for the administrative supervision of the court. 46 (d) A chief judge in each circuit shall be chosen from 47 among the circuit judges as provided by supreme court rule. The 48 chief judge shall be responsible for the administrative 49 supervision of the circuit courts and county courts in his 50 circuit. 51 BE IT FURTHER RESOLVED that the following statement be 52 placed on the ballot: 53 CONSTITUTIONAL AMENDMENT 54 ARTICLE V, SECTION 2 55 REVISING REQUIREMENTS RELATING TO THE REPEAL OF A SUPREME 56 COURT RULE BY GENERAL LAW.—The State Constitution authorizes the 57 Supreme Court to adopt rules for the practice and procedure in 58 all courts. The constitution further provides that a rule of 59 court may be repealed by a general law enacted by a two-thirds 60 vote of the membership of each house of the Legislature. This 61 proposed constitutional amendment reduces the vote required to 62 enact a general law repealing a rule of court to a three-fifths 63 vote of each house of the Legislature. The proposed amendment 64 also prohibits the Supreme Court from readopting a rule within 3 65 years after the rule is repealed by a general law. 66 67 BE IT FURTHER RESOLVED that the following statement be 68 placed on the ballot if a court declares the preceding statement 69 defective and the decision of the court is not reversed: 70 CONSTITUTIONAL AMENDMENT 71 ARTICLE V, SECTION 2 72 REPEAL OF SUPREME COURT RULES BY GENERAL LAW.—Under the 73 State Constitution, the Supreme Court adopts rules governing 74 practice and procedure in all courts in this state. The 75 constitution empowers the Legislature to repeal a court rule by 76 passing a general bill. The bill, however, must pass both the 77 Senate and the House of Representatives by a vote of two-thirds 78 of the membership of each respective chamber. If the bill 79 becomes law, the rule is repealed. There is currently no 80 prohibition in the State Constitution against the Supreme Court 81 readopting the same rule at any time. This proposed 82 constitutional amendment allows the Legislature to repeal a rule 83 of court by a general law enacted by a three-fifths vote of each 84 house. In addition, this amendment specifies that the Supreme 85 Court would have to wait at least 3 years before readopting the 86 rule. 87 88 BE IT FURTHER RESOLVED that the following statement be 89 placed on the ballot if a court declares the preceding statement 90 defective and the decision of the court is not reversed: 91 CONSTITUTIONAL AMENDMENT 92 ARTICLE V, SECTION 2 93 MAKING IT EASIER TO REPEAL A SUPREME COURT RULE BY GENERAL 94 LAW.—Proposing an amendment to the State Constitution to reduce 95 the vote requirement that the Legislature needs in order to 96 repeal a rule adopted by the Supreme Court. Currently under the 97 State Constitution, the Legislature may enact a general bill 98 that repeals a rule of court adopted by the Supreme Court. The 99 bill must pass both the Senate and the House of Representatives 100 by vote at least equal to two-thirds of the membership of each 101 house of the Legislature. If this bill becomes law, it repeals 102 the rule of court. This proposed constitutional amendment would 103 make it easier for the Legislature to repeal a rule of court by 104 reducing the vote threshold to repeal a rule of court to a 105 three-fifths vote of each house. The proposed amendment also 106 adds a new provision to the constitution which prohibits the 107 Supreme Court from readopting a rule within 3 years after the 108 rule is repealed by a general law. 109 110 BE IT FURTHER RESOLVED that the following statement be 111 placed on the ballot if a court declares the preceding statement 112 defective and the decision of the court is not reversed: 113 CONSTITUTIONAL AMENDMENT 114 ARTICLE V, SECTION 2 115 REDUCING THE LEGISLATIVE VOTE NECESSARY TO REPEAL A RULE OF 116 COURT.—Proposing an amendment to the State Constitution to 117 eliminate the requirement for an extraordinary vote of each 118 house of the Legislature in order to repeal a rule of court by 119 general law. The Supreme Court adopts rules governing practice 120 and procedure in all state courts. Currently under the 121 constitution, the Legislature can repeal a rule of court by 122 passing a general bill, but the bill must pass by a vote of at 123 least two-thirds of the membership of each of the Senate and the 124 House of Representatives. The proposed constitutional amendment 125 reduces the vote required to enact a general law repealing a 126 rule of court to a three-fifths vote of each house of the 127 Legislature. Currently, the constitution does not prohibit the 128 Supreme Court from readopting a rule that is repealed by general 129 law. The proposed amendment adds new language specifying that 130 the Court may not readopt a rule within 3 years after the rule 131 is repealed in this manner.