Florida Senate - 2011 COMMITTEE AMENDMENT
Bill No. SPB 7076
Barcode 836040
LEGISLATIVE ACTION
Senate . House
Comm: FAV .
03/29/2011 .
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The Committee on Judiciary (Simmons) recommended the following:
1 Senate Amendment (with ballot and title amendments)
2
3 Delete lines 30 - 32
4 and insert:
5 opinion. Rules of court may be repealed by general law enacted
6 by a three-fifths two-thirds vote of the membership of each
7 house of the legislature. The supreme court may not readopt a
8 rule within
9
10 ====== B A L L O T S T A T E M E N T A M E N D M E N T ======
11 And the ballot statement is amended as follows:
12 Delete lines 53 - 133
13 and insert:
14 CONSTITUTIONAL AMENDMENT
15 ARTICLE V, SECTION 2
16 REVISING REQUIREMENTS RELATING TO THE REPEAL OF A SUPREME
17 COURT RULE BY GENERAL LAW.—The State Constitution authorizes the
18 Supreme Court to adopt rules for the practice and procedure in
19 all courts. The constitution further provides that a rule of
20 court may be repealed by a general law enacted by a two-thirds
21 vote of the membership of each house of the Legislature. This
22 proposed constitutional amendment reduces the vote required to
23 enact a general law repealing a rule of court to a three-fifths
24 vote of each house of the Legislature. The proposed amendment
25 also prohibits the Supreme Court from readopting a rule within 3
26 years after the rule is repealed by a general law.
27
28 BE IT FURTHER RESOLVED that the following statement be
29 placed on the ballot if a court declares the preceding statement
30 defective and the decision of the court is not reversed:
31 CONSTITUTIONAL AMENDMENT
32 ARTICLE V, SECTION 2
33 REPEAL OF SUPREME COURT RULES BY GENERAL LAW.—Under the
34 State Constitution, the Supreme Court adopts rules governing
35 practice and procedure in all courts in this state. The
36 constitution empowers the Legislature to repeal a court rule by
37 passing a general bill. The bill, however, must pass both the
38 Senate and the House of Representatives by a vote of two-thirds
39 of the membership of each respective chamber. If the bill
40 becomes law, the rule is repealed. There is currently no
41 prohibition in the State Constitution against the Supreme Court
42 readopting the same rule at any time. This proposed
43 constitutional amendment allows the Legislature to repeal a rule
44 of court by a general law enacted by a three-fifths vote of each
45 house. In addition, this amendment specifies that the Supreme
46 Court would have to wait at least 3 years before readopting the
47 rule.
48
49 BE IT FURTHER RESOLVED that the following statement be
50 placed on the ballot if a court declares the preceding statement
51 defective and the decision of the court is not reversed:
52 CONSTITUTIONAL AMENDMENT
53 ARTICLE V, SECTION 2
54 MAKING IT EASIER TO REPEAL A SUPREME COURT RULE BY GENERAL
55 LAW.—Proposing an amendment to the State Constitution to reduce
56 the vote requirement that the Legislature needs in order to
57 repeal a rule adopted by the Supreme Court. Currently under the
58 State Constitution, the Legislature may enact a general bill
59 that repeals a rule of court adopted by the Supreme Court. The
60 bill must pass both the Senate and the House of Representatives
61 by vote at least equal to two-thirds of the membership of each
62 house of the Legislature. If this bill becomes law, it repeals
63 the rule of court. This proposed constitutional amendment would
64 make it easier for the Legislature to repeal a rule of court by
65 reducing the vote threshold to repeal a rule of court to a
66 three-fifths vote of each house. The proposed amendment also
67 adds a new provision to the constitution which prohibits the
68 Supreme Court from readopting a rule within 3 years after the
69 rule is repealed by a general law.
70
71 BE IT FURTHER RESOLVED that the following statement be
72 placed on the ballot if a court declares the preceding statement
73 defective and the decision of the court is not reversed:
74 CONSTITUTIONAL AMENDMENT
75 ARTICLE V, SECTION 2
76 REDUCING THE LEGISLATIVE VOTE NECESSARY TO REPEAL A RULE OF
77 COURT.—Proposing an amendment to the State Constitution to
78 eliminate the requirement for an extraordinary vote of each
79 house of the Legislature in order to repeal a rule of court by
80 general law. The Supreme Court adopts rules governing practice
81 and procedure in all state courts. Currently under the
82 constitution, the Legislature can repeal a rule of court by
83 passing a general bill, but the bill must pass by a vote of at
84 least two-thirds of the membership of each of the Senate and the
85 House of Representatives. The proposed constitutional amendment
86 reduces the vote required to enact a general law repealing a
87 rule of court to a three-fifths vote of each house of the
88 Legislature. Currently, the constitution does not prohibit the
89 Supreme Court from readopting a rule that is repealed by general
90 law. The proposed amendment adds new language specifying that
91 the Court may not readopt a rule within 3 years after the rule
92 is repealed in this manner.
93
94 ================= T I T L E A M E N D M E N T ================
95 And the title is amended as follows:
96 Delete lines 3 - 6
97 and insert:
98 of Article V of the State Constitution to reduce the
99 vote threshold required for the Legislature to enact a
100 law repealing a rule of court and to