CS/HJR 7111

1	House Joint Resolution
2	A joint resolution proposing amendments to Sections 2, 3,
3	4, 7, 11, 12, and 14 of Article V, Section 17 of Article
4	III, and Sections 3 and 10 of Article IV, and the creation
5	of Section 21 of Article V, of the State Constitution to
6	divide the current Supreme Court into two divisions, one
7	hearing civil cases and the other hearing criminal cases;
8	providing for administration of the divisions; defining
9	the jurisdiction of the divisions; providing for
10	transition from the present Supreme Court; revising
11	provisions relating to repeal of court rules; limiting
12	readoption of a repealed court rule; providing for Senate
13	confirmation of Supreme Court justices; expanding the
14	jurisdiction of the Supreme Court; requiring the Judicial
15	Qualifications Commission to make all of its files
16	available to the Speaker of the House of Representatives;
17	revising provisions relating to repeal of commission
18	rules; requiring that a specified minimum percentage of
19	general revenue funds be appropriated to the courts;
20	making other conforming and modernizing changes to the
21	State Constitution regarding the judicial system.
22
23	Be It Resolved by the Legislature of the State of Florida:
24
25	That the following amendments to Sections 2, 3, 4, 7, 11,
26	12, and 14 of Article V, Section 17 of Article III, and Sections
27	3 and 10 of Article IV, and the creation of Section 21 of
28	Article V, of the State Constitution are agreed to and shall be
29	submitted to the electors of this state for approval or
30	rejection at the next general election or at an earlier special
31	election specifically authorized by law for that purpose:
32	ARTICLE V
33	JUDICIARY
34	SECTION 2.  Administration; practice and procedure.-
35	(a)  The supreme court shall adopt rules for the practice
36	and procedure in all courts including the time for seeking
37	appellate review, the administrative supervision of all courts,
38	the transfer to the court having jurisdiction of any proceeding
39	when the jurisdiction of another court has been improvidently
40	invoked, and a requirement that no cause shall be dismissed
41	because an improper remedy has been sought. The supreme court
42	shall adopt rules to allow it the court and the district courts
43	of appeal to submit questions relating to military law to the
44	federal Court of Appeals for the Armed Forces for an advisory
45	opinion. Rules of court may be repealed by general law that
46	expresses the policy behind the repeal enacted by two-thirds
47	vote of the membership of each house of the legislature. The
48	court may readopt the repealed rule in conformance with the
49	expressed legislative policy. If the readopted rule is again
50	repealed by general law, the rule shall not be readopted. The
51	legislature shall be the final authority to determine whether a
52	readopted rule is again repealed. The supreme court divisions
53	may meet jointly regarding rules or may assign categories of the
54	rules to the divisions.
55	(b)(1)  The chief justice of the supreme court of Florida
56	shall be chosen by a majority of the members of the court; shall
57	be the chief administrative officer of the judicial system; and
58	shall have the power to assign justices or judges, including
59	consenting retired justices or judges, to temporary duty in any
60	court for which the judge is qualified and to delegate to a
61	chief judge of a judicial circuit the power to assign judges for
62	duty in that circuit. The office of chief justice of the supreme
63	court of Florida shall alternate between the chief justice of
64	the civil division and the chief justice of the criminal
65	division every four years.
66	(2)  The chief justice of each division shall each be
67	chosen by the governor with the advice and consent of the senate
68	as provided in Section 11(d). The chief justice of a division
69	shall be responsible for the administrative supervision of the
70	division. The chief justice of each division shall have an
71	eight-year term of office, with the terms of the division chief
72	justices permanently set and staggered four years apart. A chief
73	justice of a division shall also be the chief justice of the
74	supreme court of Florida in the second half of his or her term.
75	After a justice's term as chief justice of a division is
76	concluded, the justice shall be a justice of the same division
77	and may be reappointed and reconfirmed as chief justice of the
78	division. A chief justice of a division is a justice of the
79	supreme court of Florida subject to a retention election every
80	six years pursuant to Section 10, and subject to the eligibility
81	requirements of Section 8, which eligibility shall be determined
82	by the retention term, not the term as a chief justice.
83	(3)  If there is a vacancy in the position of chief justice
84	of a division, the justice who has served the most time with the
85	division shall be the acting chief justice until a new chief
86	justice of the division is appointed and confirmed for the
87	remainder of the term.
88	(c)  A chief judge for each district court of appeal shall
89	be chosen by a majority of the judges thereof or, if there is no
90	majority, by the chief justice. The chief judge of a district
91	court shall be responsible for the administrative supervision of
92	the district court.
93	(d)  A chief judge in each circuit shall be chosen from
94	among the circuit judges as provided by supreme court rule. The
95	chief judge of a circuit shall be responsible for the
96	administrative supervision of the circuit courts and county
97	courts in the his circuit.
98	SECTION 3.  Supreme court; divisions.-
99	(a)  ORGANIZATION.-The supreme court shall consist of ten
100	seven justices. Of the ten justices, five justices shall serve
101	in the civil division and five justices shall serve in the
102	criminal division. In each division Of the seven justices, each
103	appellate district shall have at least one justice elected or
104	appointed from the district to the supreme court division who is
105	a resident of the district at the time of the original
106	appointment or election. Four Five justices of a division shall
107	constitute a quorum for that division and. the concurrence of
108	three four justices shall be necessary to a decision. When
109	vacancies or recusals for cause would prohibit the court from
110	convening because of the requirements of this subsection
111	section, judges assigned to temporary duty may be substituted
112	for justices. The justices of both divisions, with seven
113	justices constituting a quorum, shall jointly meet regarding
114	court rules, administrative supervision of the courts, and
115	disciplinary cases, but the justices shall not otherwise meet en
116	banc.
117	(b)  JURISDICTION.-The appropriate division of the supreme
118	court:
119	(1)  Shall hear appeals from final judgments of trial
120	courts imposing the death penalty and from decisions of district
121	courts of appeal declaring invalid a state statute or a
122	provision of the state constitution.
123	(2)  When provided by general law, shall hear appeals from
124	final judgments entered in proceedings for the validation of
125	bonds or certificates of indebtedness and shall review action of
126	statewide agencies relating to rates or service of utilities
127	providing electric, gas, or telephone service. Only the civil
128	division may have jurisdiction pursuant to this paragraph.
129	(3)  May review any decision of a district court of appeal
130	that expressly declares valid a state statute, or that expressly
131	construes a provision of the state or federal constitution, or
132	that expressly affects a class of constitutional or state
133	officers, or that expressly and directly conflicts with a
134	decision of another district court of appeal or of the supreme
135	court on the same question of law.
136	(4)  May review any decision of a district court of appeal
137	that passes upon a question certified by it to be of great
138	public importance, or that is certified by it to be in direct
139	conflict with a decision of another district court of appeal, or
140	that is found by that division of the supreme court to be of
141	great public importance.
142	(5)  May review any order or judgment of a trial court
143	certified by the district court of appeal in which an appeal is
144	pending to be of great public importance, or to have a great
145	effect on the proper administration of justice throughout the
146	state, and certified to require immediate resolution by the
147	supreme court.
148	(6)  May review a question of law certified by the Supreme
149	Court of the United States or a United States Court of Appeals
150	which is determinative of the cause and for which there is no
151	controlling precedent of the supreme court of Florida.
152	(7)  May issue writs of prohibition to courts and all writs
153	necessary to the complete exercise of its jurisdiction.
154	(8)  May issue writs of mandamus and quo warranto to state
155	officers and state agencies.
156	(9)  May, or any justice may, issue writs of habeas corpus
157	returnable before the supreme court or any justice, a district
158	court of appeal or any judge thereof, or any circuit judge. Only
159	a justice in the criminal division may issue a writ of habeas
160	corpus in a criminal case.
161	(10)  Shall, when requested by the attorney general
162	pursuant to the provisions of Section 10 of Article IV, render
163	an advisory opinion of the justices, addressing issues as
164	provided by general law.
165	(11)  Shall hear appeals from final judgments of trial
166	courts imposing the death penalty. Only the criminal division
167	has any jurisdiction pursuant to this paragraph.
168	(c)  ASSIGNMENT OF CASES TO DIVISIONS.-Criminal cases shall
169	be assigned to the criminal division, and civil cases shall be
170	assigned to the civil division.
171	(1)  A criminal case is any case or controversy primarily
172	involving the commission of a felony or misdemeanor. A criminal
173	case shall also include any case or controversy involving
174	criminal law, criminal penalties, criminal procedure, juvenile
175	delinquency, or any related action regarding the interpretation
176	of or resolution of matters directly affecting the criminal law.
177	Equitable relief related to the criminal law, including actions
178	in which a party seeks to enjoin the application or form of a
179	criminal penalty, shall be within the jurisdiction of the
180	criminal division.
181	(2)  A civil case is any case or controversy within the
182	traditional concepts of civil law, including tort, contract,
183	family law, probate, trusts, real property, employment law,
184	taxation, and elections. The civil division shall have no
185	jurisdiction or authority, whether express or implied, to issue
186	a stay of execution or to hear any challenge of any law or
187	procedure regarding the death penalty or the administration of a
188	criminal penalty.
189	(3)  The legislature may, by general law, further define
190	the types of cases that are to be referred to each division.
191	(d)  JURISDICTIONAL CONFLICTS.-If both divisions assert
192	jurisdiction over a particular case, the chief justice of the
193	supreme court of Florida shall decide where jurisdiction is
194	appropriate.
195	(c)  CLERK AND MARSHAL.-The supreme court shall appoint a
196	clerk and a marshal who shall hold office during the pleasure of
197	the court and perform such duties as the court directs. Their
198	compensation shall be fixed by general law. The marshal shall
199	have the power to execute the process of the court throughout
200	the state, and in any county may deputize the sheriff or a
201	deputy sheriff for such purpose.
202	SECTION 4.  District courts of appeal.-
203	(a)  ORGANIZATION.-There shall be a district court of
204	appeal serving each appellate district. Each district court of
205	appeal shall consist of at least three judges. Three judges
206	shall consider each case and the concurrence of two shall be
207	necessary to a decision.
208	(b)  JURISDICTION.-
209	(1)  District courts of appeal shall have jurisdiction to
210	hear appeals, that may be taken as a matter of right, from final
211	judgments or orders of trial courts, including those entered on
212	review of administrative action, not directly appealable to the
213	supreme court or a circuit court. They may review interlocutory
214	orders in such cases to the extent provided by rules adopted by
215	the supreme court.
216	(2)  District courts of appeal shall have the power of
217	direct review of administrative action, as prescribed by general
218	law.
219	(3)  A district court of appeal or any judge thereof may
220	issue writs of habeas corpus returnable before the court or any
221	judge thereof or before any circuit judge within the territorial
222	jurisdiction of the court. A district court of appeal may issue
223	writs of mandamus, certiorari, prohibition, quo warranto, and
224	other writs necessary to the complete exercise of its
225	jurisdiction. To the extent necessary to dispose of all issues
226	in a cause properly before it, a district court of appeal may
227	exercise any of the appellate jurisdiction of the circuit
228	courts.
229	(c)  CLERKS AND MARSHALS.-Each district court of appeal
230	shall appoint a clerk and a marshal who shall hold office during
231	the pleasure of the court and perform such duties as the court
232	directs. Their compensation shall be fixed by general law. The
233	marshal shall have the power to execute the process of the court
234	throughout the territorial jurisdiction of the court, and in any
235	county may deputize the sheriff or a deputy sheriff for such
236	purpose.
237	SECTION 7.  Specialized divisions.-The supreme court shall
238	sit in a civil division and a criminal division, except where
239	specifically authorized in this article to sit jointly. All
240	other courts except the supreme court may sit in divisions as
241	may be established by general law. A circuit or county court may
242	hold civil and criminal trials and hearings in any place within
243	the territorial jurisdiction of the court as designated by the
244	chief judge of the circuit.
245	SECTION 11.  Vacancies.-
246	(a)  Whenever a vacancy occurs in a judicial office to
247	which election for retention applies, the governor shall fill
248	the vacancy by appointing for a term ending on the first Tuesday
249	after the first Monday in January of the year following the next
250	general election occurring at least one year after the date of
251	appointment, one of not fewer than three persons nor more than
252	six persons nominated by the appropriate judicial nominating
253	commission.
254	(b)  The governor shall fill each vacancy on a circuit
255	court or on a county court, wherein the judges are elected by a
256	majority vote of the electors, by appointing for a term ending
257	on the first Tuesday after the first Monday in January of the
258	year following the next primary and general election occurring
259	at least one year after the date of appointment, one of not
260	fewer than three persons nor more than six persons nominated by
261	the appropriate judicial nominating commission. An election
262	shall be held to fill that judicial office for the term of the
263	office beginning at the end of the appointed term.
264	(c)  The nominations shall be made within thirty days from
265	the occurrence of a vacancy unless the period is extended by the
266	governor for a time not to exceed thirty days. The governor
267	shall make the appointment within sixty days after the
268	nominations have been certified to the governor.
269	(d)  Each appointment of a justice of the supreme court is
270	subject to confirmation by the senate. The senate may sit for
271	the purposes of confirmation regardless of whether the house of
272	representatives is in session or not, or the senate may by its
273	rules designate a committee of senators who shall vote on
274	confirmations while the senate is not in session. If the senate
275	fails to vote on the appointment of a justice within 90 days,
276	the justice shall be deemed confirmed. If the senate votes to
277	not confirm the appointment, the supreme court judicial
278	nominating commission shall reconvene as though a new vacancy
279	had occurred but may not renominate any person whose prior
280	appointment to fill the same vacancy was not confirmed by the
281	senate. The appointment of a justice is effective upon
282	confirmation by the senate. A justice in one division may apply
283	for a position in the other division but may not concurrently
284	serve on both.
285	(e)(d)  There shall be a separate judicial nominating
286	commission as provided by general law for the supreme court, one
287	for each district court of appeal, and one for each judicial
288	circuit for all trial courts within the circuit. Uniform rules
289	of procedure shall be established by the judicial nominating
290	commissions at each level of the court system. Such rules, or
291	any part thereof, may be repealed by general law enacted by a
292	majority vote of the membership of each house of the
293	legislature, or by a majority vote of the justices of each
294	division of the supreme court, five justices concurring. Except
295	for deliberations of the judicial nominating commissions, the
296	proceedings of the commissions and their records shall be open
297	to the public.
298	SECTION 12.  Discipline; removal and retirement.-
299	(a)  JUDICIAL QUALIFICATIONS COMMISSION.-A judicial
300	qualifications commission is created.
301	(1)  There shall be a judicial qualifications commission
302	vested with jurisdiction to investigate and recommend to the
303	Supreme Court of Florida the removal from office of any justice
304	or judge whose conduct, during term of office or otherwise,
305	occurring on or after November 1, 1966, (without regard to the
306	effective date of this section) demonstrates a present unfitness
307	to hold office, and to investigate and recommend the discipline
308	of a justice or judge whose conduct, during term of office or
309	otherwise occurring on or after November 1, 1966 (without regard
310	to the effective date of this section), warrants such
311	discipline. For purposes of this section, discipline is defined
312	as any or all of the following: reprimand, fine, suspension with
313	or without pay, or lawyer discipline. The commission shall have
314	jurisdiction over justices and judges regarding allegations that
315	misconduct occurred before or during service as a justice or
316	judge if a complaint is made no later than one year following
317	service as a justice or judge. The commission shall have
318	jurisdiction regarding allegations of incapacity during service
319	as a justice or judge. The commission shall be composed of:
320	a.  Two judges of district courts of appeal selected by the
321	judges of those courts, two circuit judges selected by the
322	judges of the circuit courts and two judges of county courts
323	selected by the judges of those courts;
324	b.  Four electors who reside in the state, who are members
325	of the bar of Florida, and who shall be chosen by the governing
326	body of the bar of Florida; and
327	c.  Five electors who reside in the state, who have never
328	held judicial office or been members of the bar of Florida, and
329	who shall be appointed by the governor.
330	(2)  The members of the judicial qualifications commission
331	shall serve staggered terms, not to exceed six years, as
332	prescribed by general law. No member of the commission except a
333	judge shall be eligible for state judicial office while acting
334	as a member of the commission and for a period of two years
335	thereafter. No member of the commission shall hold office in a
336	political party or participate in any campaign for judicial
337	office or hold public office; provided that a judge may campaign
338	for judicial office and hold that office. The commission shall
339	elect one of its members as its chairperson.
340	(3)  Members of the judicial qualifications commission not
341	subject to impeachment shall be subject to removal from the
342	commission pursuant to the provisions of Article IV, Section 7,
343	Florida Constitution.
344	(4)  The commission shall adopt rules regulating its
345	proceedings, the filling of vacancies by the appointing
346	authorities, the disqualification of members, the rotation of
347	members between the panels, and the temporary replacement of
348	disqualified or incapacitated members. The commission's rules,
349	or any part thereof, may be repealed by general law enacted by a
350	majority vote of the membership of each house of the
351	legislature, or by the supreme court, seven five justices
352	concurring. The commission shall have power to issue subpoenas.
353	Until formal charges against a justice or judge are filed by the
354	investigative panel with the clerk of the supreme court of
355	Florida all proceedings by or before the commission shall be
356	confidential; provided, however, upon a finding of probable
357	cause and the filing by the investigative panel with said clerk
358	of such formal charges against a justice or judge such charges
359	and all further proceedings before the commission shall be
360	public.
361	(5)  The commission shall have access to all information
362	from all executive, legislative and judicial agencies, including
363	grand juries, subject to the rules of the commission. At any
364	time, on request of the speaker of the house of representatives
365	or the governor, the commission shall make available to the
366	house of representatives all information in the possession of
367	the commission, which information shall remain confidential
368	during any investigation and until such information is used in
369	the pursuit for use in consideration of impeachment or
370	suspension, respectively.
371	(b)  PANELS.-The commission shall be divided into an
372	investigative panel and a hearing panel as established by rule
373	of the commission. The investigative panel is vested with the
374	jurisdiction to receive or initiate complaints, conduct
375	investigations, dismiss complaints, and upon a vote of a simple
376	majority of the panel submit formal charges to the hearing
377	panel. The hearing panel is vested with the authority to receive
378	and hear formal charges from the investigative panel and upon a
379	two-thirds vote of the panel recommend to the supreme court the
380	removal of a justice or judge or the involuntary retirement of a
381	justice or judge for any permanent disability that seriously
382	interferes with the performance of judicial duties. Upon a
383	simple majority vote of the membership of the hearing panel, the
384	panel may recommend to the supreme court that the justice or
385	judge be subject to appropriate discipline.
386	(c)  SUPREME COURT.-The supreme court shall receive
387	recommendations from the judicial qualifications commission's
388	hearing panel.
389	(1)  The supreme court may accept, reject, or modify in
390	whole or in part the findings, conclusions, and recommendations
391	of the commission and it may order that the justice or judge be
392	subjected to appropriate discipline, or be removed from office
393	with termination of compensation for willful or persistent
394	failure to perform judicial duties or for other conduct
395	unbecoming a member of the judiciary demonstrating a present
396	unfitness to hold office, or be involuntarily retired for any
397	permanent disability that seriously interferes with the
398	performance of judicial duties. Malafides, scienter or moral
399	turpitude on the part of a justice or judge shall not be
400	required for removal from office of a justice or judge whose
401	conduct demonstrates a present unfitness to hold office. After
402	the filing of a formal proceeding and upon request of the
403	investigative panel, the supreme court may suspend the justice
404	or judge from office, with or without compensation, pending
405	final determination of the inquiry.
406	(2)  The supreme court may award costs to the prevailing
407	party.
408	(d)  REMOVAL POWER.-The power of removal conferred by this
409	section shall be both alternative and cumulative to the power of
410	impeachment.
411	(e)  PROCEEDINGS INVOLVING SUPREME COURT JUSTICE.-
412	Notwithstanding any of the foregoing provisions of this section,
413	if the person who is the subject of proceedings by the judicial
414	qualifications commission is a justice of the supreme court of
415	Florida all justices of such court automatically shall be
416	disqualified to sit as justices of such court with respect to
417	all proceedings therein concerning such person and the supreme
418	court for such purposes shall be composed of a panel consisting
419	of the seven chief judges of the judicial circuits of the state
420	of Florida most senior in tenure of judicial office as circuit
421	judge. For purposes of determining seniority of such circuit
422	judges in the event there be judges of equal tenure in judicial
423	office as circuit judge the judge or judges from the lower
424	numbered circuit or circuits shall be deemed senior. In the
425	event any such chief circuit judge is under investigation by the
426	judicial qualifications commission or is otherwise disqualified
427	or unable to serve on the panel, the next most senior chief
428	circuit judge or judges shall serve in place of such
429	disqualified or disabled chief circuit judge.
430	(f)  SCHEDULE TO SECTION 12.-
431	(1)  Except to the extent inconsistent with the provisions
432	of this section, all provisions of law and rules of court in
433	force on the effective date of this article shall continue in
434	effect until superseded in the manner authorized by the
435	constitution.
436	(2)  After this section becomes effective and until adopted
437	by rule of the commission consistent with it:
438	a.  The commission shall be divided, as determined by the
439	chairperson, into one investigative panel and one hearing panel
440	to meet the responsibilities set forth in this section.
441	b.  The investigative panel shall be composed of:
442	1.  Four judges,
443	2.  Two members of the bar of Florida, and
444	3.  Three non-lawyers.
445	c.  The hearing panel shall be composed of:
446	1.  Two judges,
447	2.  Two members of the bar of Florida, and
448	3.  Two non-lawyers.
449	d.  Membership on the panels may rotate in a manner
450	determined by the rules of the commission provided that no
451	member shall vote as a member of the investigative and hearing
452	panel on the same proceeding.
453	e.  The commission shall hire separate staff for each
454	panel.
455	f.  The members of the commission shall serve for staggered
456	terms of six years.
457	g.  The terms of office of the present members of the
458	judicial qualifications commission shall expire upon the
459	effective date of the amendments to this section approved by the
460	legislature during the regular session of the legislature in
461	1996 and new members shall be appointed to serve the following
462	staggered terms:
463	1.  Group I.-The terms of five members, composed of two
464	electors as set forth in s. 12(a)(1)c. of Article V, one member
465	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
466	V, one judge from the district courts of appeal and one circuit
467	judge as set forth in s. 12(a)(1)a. of Article V, shall expire
468	on December 31, 1998.
469	2.  Group II.-The terms of five members, composed of one
470	elector as set forth in s. 12(a)(1)c. of Article V, two members
471	of the bar of Florida as set forth in s. 12(a)(1)b. of Article
472	V, one circuit judge and one county judge as set forth in s.
473	12(a)(1)a. of Article V shall expire on December 31, 2000.
474	3.  Group III.-The terms of five members, composed of two
475	electors as set forth in s. 12(a)(1)c. of Article V, one member
476	of the bar of Florida as set forth in s. 12(a)(1)b., one judge
477	from the district courts of appeal and one county judge as set
478	forth in s. 12(a)(1)a. of Article V, shall expire on December
479	31, 2002.
480	g.h.  An appointment to fill a vacancy of the commission
481	shall be for the remainder of the term.
482	h.i.  Selection of members by district courts of appeal
483	judges, circuit judges, and county court judges, shall be by no
484	less than a majority of the members voting at the respective
485	courts' conferences. Selection of members by the board of
486	governors of the bar of Florida shall be by no less than a
487	majority of the board.
488	i.j.  The commission shall be entitled to recover the costs
489	of investigation and prosecution, in addition to any penalty
490	levied by the supreme court.
491	j.k.  The compensation of members and referees shall be the
492	travel expenses or transportation and per diem allowance as
493	provided by general law.
494	SECTION 14.  Funding.-
495	(a)  All justices and judges shall be compensated only by
496	state salaries fixed by general law. Funding for the state
497	courts system, state attorneys' offices, public defenders'
498	offices, and court-appointed counsel, except as otherwise
499	provided in subsection (c), shall be provided from state
500	revenues appropriated by general law.
501	(b)  All funding for the offices of the clerks of the
502	circuit and county courts performing court-related functions,
503	except as otherwise provided in this subsection and subsection
504	(c), shall be provided by adequate and appropriate filing fees
505	for judicial proceedings and service charges and costs for
506	performing court-related functions as required by general law.
507	Selected salaries, costs, and expenses of the state courts
508	system may be funded from appropriate filing fees for judicial
509	proceedings and service charges and costs for performing court-
510	related functions, as provided by general law. Where the
511	requirements of either the United States Constitution or the
512	Constitution of the State of Florida preclude the imposition of
513	filing fees for judicial proceedings and service charges and
514	costs for performing court-related functions sufficient to fund
515	the court-related functions of the offices of the clerks of the
516	circuit and county courts, the state shall provide, as
517	determined by the legislature, adequate and appropriate
518	supplemental funding from state revenues appropriated by general
519	law.
520	(c)  No county or municipality, except as provided in this
521	subsection, shall be required to provide any funding for the
522	state courts system, state attorneys' offices, public defenders'
523	offices, court-appointed counsel or the offices of the clerks of
524	the circuit and county courts performing court-related
525	functions. Counties shall be required to fund the cost of
526	communications services, existing radio systems, existing multi-
527	agency criminal justice information systems, and the cost of
528	construction or lease, maintenance, utilities, and security of
529	facilities for the trial courts, public defenders' offices,
530	state attorneys' offices, and the offices of the clerks of the
531	circuit and county courts performing court-related functions.
532	Counties shall also pay reasonable and necessary salaries,
533	costs, and expenses of the state courts system to meet local
534	requirements as determined by general law.
535	(d)  The judiciary shall have no power to fix
536	appropriations.
537	(e)  The total appropriation of all fund sources to the
538	judicial branch shall equal no less than 2.25 percent of the
539	total general revenue funds appropriated in the general
540	appropriation bill referred to in Section 19(b) of Article III.
541	Any adjustments to the total appropriations of all fund sources
542	to the judicial branch made in any special appropriations act
543	shall equal no more than the percent of total general revenue
544	appropriations adjusted in such special appropriations act.
545	SECTION 21.  Schedule to Article V amendment increasing the
546	membership of the supreme court and creating divisions thereof.-
547	(a)  Except to the extent inconsistent with this article,
548	all provisions of law and rules of court in force on the
549	effective date of this article shall continue in effect until
550	superseded in the manner authorized by the constitution.
551	(b)  The effective date of the amendment creating two
552	divisions of the supreme court shall be upon passage by the
553	electorate.
554	(1)  On the first day after the election approving the
555	amendment, the supreme court shall rank all of the justices then
556	in office by seniority in service on the supreme court. The
557	three who have the most seniority shall be the initial justices
558	assigned to the criminal division, and the remaining justices
559	shall be the initial justices assigned to the civil division.
560	Initial appointments of existing justices to either division
561	shall not be limited by the district court from which the
562	justice was appointed. A justice assigned to a division of the
563	supreme court pursuant to this paragraph shall remain in the
564	same term of office and shall sit for future retention elections
565	on the same cycle. The supreme court shall immediately transmit
566	to the governor the names of the justices, their division
567	assignments, and the districts from which they were appointed.
568	The governor shall then direct the supreme court nominating
569	commission to make its recommendations for the open seats of
570	justices for both divisions, which recommendations must be
571	delivered to the governor no later than the 60th day after the
572	election. Before the 90th day after the election, the governor
573	shall make the appointments for the open seats of justices for
574	both divisions and shall also designate the chief justices of
575	each division. The appointments and designations shall, in this
576	instance only, not be subject to the advice and consent of the
577	senate.
578	(2)  The supreme court shall inventory all cases in its
579	possession and determine as to each case whether it will be
580	assigned to the criminal division or the civil division. Newly
581	filed cases shall be designated between the two new divisions as
582	they are filed. The supreme court shall retain full jurisdiction
583	and power over all cases until such cases are actually assigned
584	to a division, including the power to issue final process that
585	would have the effect of removing the case from the inventory of
586	cases to be assigned.
587	(c)  The two divisions of the supreme court shall begin
588	formal operations on the 120th day after the election. On that
589	day:
590	(1)  Newly appointed justices shall take office.
591	(2)  The jurisdiction of the supreme court shall be divided
592	between the divisions, and all pending cases shall be assigned
593	to the appropriate division.
594	(3)  The term of the supreme court shall be deemed to have
595	ended. All mandates issued by the supreme court prior to the end
596	of the term shall be final and not subject to recall. No motion
597	for reconsideration shall be considered.
598	(d)  The initial chief justice of the civil division shall
599	also be the chief justice of the supreme court of Florida and
600	shall serve in that position from the 120th day after the
601	election through June 30, 2016. The initial chief justice of the
602	criminal division shall be the chief justice of the criminal
603	division from the 120th day after the election through June 30,
604	2020. Thereafter, the offices of the chief justices of the
605	divisions shall alternate as provided in Section 2.
606	(e)  All court rules adopted by the supreme court shall
607	continue in full force and effect after the effective date of
608	this amendment, subject to future amendment or repeal.
609	(f)  The legislature may, by general law, otherwise provide
610	for the administrative transfer of employees, property, duties,
611	and functions between the divisions.
612	(g)  The change in court funding provided in Section 14(e)
613	shall be effective commencing in fiscal year 2013-2014.
614	(h)  The legislature shall have the power, by concurrent
615	resolution, to delete from this article any subsection of this
616	section 21, including this subsection, when all events to which
617	the subsection to be deleted is or could become applicable have
618	occurred.
619	ARTICLE III
620	LEGISLATURE
621	SECTION 17.  Impeachment.-
622	(a)  The governor, lieutenant governor, members of the
623	cabinet, justices of the supreme court, judges of district
624	courts of appeal, judges of circuit courts, and judges of county
625	courts shall be liable to impeachment for misdemeanor in office.
626	The house of representatives by two-thirds vote shall have the
627	power to impeach an officer. The speaker of the house of
628	representatives shall have power at any time to appoint a
629	committee to investigate charges against any officer subject to
630	impeachment.
631	(b)  An officer impeached by the house of representatives
632	shall be disqualified from performing any official duties until
633	acquitted by the senate, and, unless impeached, the governor may
634	by appointment fill the office until completion of the trial.
635	(c)  All impeachments by the house of representatives shall
636	be tried by the senate. The chief justice of the supreme court,
637	or another justice of either division of the supreme court
638	designated by the chief justice, shall preside at the trial,
639	except in a trial of the chief justice of either division of the
640	supreme court, in which case the governor shall preside. The
641	senate shall determine the time for the trial of any impeachment
642	and may sit for the trial whether the house of representatives
643	is be in session or not. The time fixed for trial shall not be
644	more than six months after the impeachment. During an
645	impeachment trial senators shall be upon their oath or
646	affirmation. No officer shall be convicted without the
647	concurrence of two-thirds of the members of the senate present.
648	Judgment of conviction in cases of impeachment shall remove the
649	offender from office and, in the discretion of the senate, may
650	include disqualification to hold any office of honor, trust, or
651	profit. Conviction or acquittal shall not affect the civil or
652	criminal responsibility of the officer.
653	ARTICLE IV
654	EXECUTIVE
655	SECTION 3.  Succession to office of governor; acting
656	governor.-
657	(a)  Upon vacancy in the office of governor, the lieutenant
658	governor shall become governor. Further succession to the office
659	of governor shall be prescribed by law. A successor shall serve
660	for the remainder of the term.
661	(b)  Upon impeachment of the governor and until completion
662	of trial thereof, or during the governor's physical or mental
663	incapacity, the lieutenant governor shall act as governor.
664	Further succession as acting governor shall be prescribed by
665	law. Incapacity to serve as governor may be determined by the
666	civil division of the supreme court upon due notice after
667	docketing of a written suggestion thereof by two three cabinet
668	members, and in such case restoration of capacity shall be
669	similarly determined after docketing of written suggestion
670	thereof by the governor, the legislature or two three cabinet
671	members. Incapacity to serve as governor may also be established
672	by certificate filed with the custodian of state records by the
673	governor declaring incapacity for physical reasons to serve as
674	governor, and in such case restoration of capacity shall be
675	similarly established.
676	SECTION 10.  Attorney General.-The attorney general shall,
677	as directed by general law, request the opinion of the justices
678	of the civil division of the supreme court as to the validity of
679	any initiative petition circulated pursuant to Section 3 of
680	Article XI. The justices shall, subject to their rules of
681	procedure, permit interested persons to be heard on the
682	questions presented and shall render their written opinion no
683	later than April 1 of the year in which the initiative is to be
684	submitted to the voters pursuant to Section 5 of Article XI.
685
686	BE IT FURTHER RESOLVED that the following statement be
687	placed on the ballot:
688
689	CONSTITUTIONAL AMENDMENT
690	ARTICLE III, SECTION 17
691	ARTICLE IV, SECTIONS 3 AND 10
692	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
693
694	STATE COURTS.-Proposing an amendment to the State
695	Constitution regarding the courts.
696	Under current law, the Florida Supreme Court is the highest
697	court in Florida and hears both civil and criminal cases. It has
698	7 appointed justices. This amendment would divide the current
699	Supreme Court into two divisions, one hearing civil cases and
700	the other hearing criminal cases. Each division would have 5
701	appointed justices who are permanently assigned. The 3 current
702	justices who have the most service with the Florida Supreme
703	Court would be assigned to the criminal division, the remaining
704	4 current justices would be assigned to the civil division, and
705	the Governor would appoint 3 new justices to fill the remaining
706	openings in the two divisions. The existing jurisdiction of the
707	Supreme Court would be expanded to allow discretionary review of
708	certain lower court decisions. This amendment generally defines
709	the civil law and criminal law jurisdiction of each division and
710	allows the Legislature, by general law, to further define them.
711	The jurisdiction of a division will be limited to the division's
712	area, whether civil or criminal. The power of justices of the
713	civil division to issue a writ of habeas corpus is limited by
714	this amendment. This proposed amendment also creates a position
715	of chief justice in each of the divisions with an 8-year term of
716	office. The constitution currently provides that the Chief
717	Justice of the Supreme Court is the administrative head of the
718	state judicial system. This amendment provides that the position
719	of Chief Justice of the Supreme Court will rotate every 4 years
720	between the chief justice of the civil division and the chief
721	justice of the criminal division. The constitution currently
722	also provides that the chief justice is chosen by vote of the
723	justices. This amendment provides that the initial new justices
724	and the initial chief justice of each division will be selected
725	by the Governor and future chief justices will be selected by
726	the Governor subject to Senate confirmation. A chief justice is,
727	like a regular justice under current law, subject to a retention
728	election every 6 years and subject to a mandatory retirement
729	requirement applicable to all Florida justices and judges.
730	Under current law, the Governor appoints a justice from a
731	list of nominees provided by a judicial nominating commission,
732	and appointments by the Governor are not subject to
733	confirmation. Other than the initial 3 new appointees, this
734	amendment requires Senate confirmation of a justice before the
735	appointee can take office. If the Senate votes not to confirm
736	the appointment, the judicial nominating commission must
737	reconvene and may not renominate any person whose prior
738	appointment to fill the same vacancy was not confirmed by the
739	Senate. For the purpose of confirmation, the Senate may meet at
740	any time or may appoint a committee to decide confirmations
741	while the Senate is not in session. If the Senate does not vote
742	against confirmation within 90 days, the justice will be deemed
743	confirmed and will take office.
744	The State Constitution authorizes the Supreme Court to
745	adopt rules for the practice and procedure in all courts. The
746	constitution further provides that a rule of court may be
747	repealed by a general law enacted by a two-thirds vote of the
748	membership of each house of the Legislature. This proposed
749	constitutional amendment eliminates the requirement that a
750	general law repealing a court rule pass by a two-thirds vote of
751	each house. The Legislature could repeal a rule of court by a
752	general law approved by a majority vote of each house of the
753	Legislature that expresses the policy behind the repeal. The
754	court could readopt the rule in conformance with the expressed
755	policy, but if the Legislature repeals the readopted rule, this
756	proposed amendment prohibits the court from readopting the
757	repealed rule. The Legislature would decide if a rule has been
758	repealed twice.
759	The Judicial Qualifications Commission is an independent
760	commission created by the State Constitution to investigate and
761	prosecute before the Florida Supreme Court alleged misconduct by
762	a justice or judge. Currently under the constitution, commission
763	proceedings are confidential until formal charges are filed by
764	the investigative panel of the commission. Once formal charges
765	are filed, the formal charges and all further proceedings of the
766	commission are public. Currently, the constitution authorizes
767	the House of Representatives to impeach a justice or judge.
768	Further, the Speaker of the House of Representatives may
769	request, and the Judicial Qualifications Commission must make
770	available, all information in the commission's possession for
771	use in deciding whether to impeach a justice or judge. This
772	proposed amendment requires the commission to make all of its
773	files available to the Speaker of the House of Representatives,
774	rather than just the file of a justice or judge under
775	investigation by the House of Representatives. Such files would
776	maintain their confidentiality unless the House of
777	Representatives initiates impeachment proceedings against a
778	justice or judge, in which case the files related to that
779	justice or judge may be open. The amendment deletes a
780	requirement that a general law repealing a commission rule be
781	passed by a majority vote of the membership of each house of the
782	Legislature and revises the number of Supreme Court justices
783	needed to repeal such a rule.
784	State appropriations are made annually by general law.
785	Current law does not require any specific level of funding for
786	any agency or department. This amendment requires that the
787	courts be appropriated a minimum of 2.25 percent of general
788	revenue funding beginning with the 2013-2014 fiscal year.
789	This amendment will take effect upon its passage by the
790	electorate and provides a schedule for implementation of its
791	provisions. This amendment makes other conforming and
792	modernizing changes to the State Constitution regarding the
793	judicial system, including removing the positions of clerk and
794	marshal of the Supreme Court and the courts of appeal from the
795	constitution; lowering the number of Cabinet members required to
796	petition the Supreme Court regarding disability of the Governor,
797	to conform to a prior change in the size of the Cabinet;
798	removing provisions related to the Governor's power to seek
799	investigative files from the Judicial Qualifications Commission,
800	to conform to a prior change removing the Governor's power to
801	suspend a judge; providing for transition to the new divisions;
802	removing outdated schedules related to the Judicial
803	Qualifications Commission; and making conforming and technical
804	changes in the judicial articles of the constitution.
805
806	BE IT FURTHER RESOLVED that the following statement be
807	placed on the ballot if a court declares the preceding statement
808	defective and the decision of the court is not reversed:
809
810	CONSTITUTIONAL AMENDMENT
811	ARTICLE III, SECTION 17
812	ARTICLE IV, SECTIONS 3 AND 10
813	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
814
815	JUDICIARY.-Proposing a revision of the Judiciary Article of
816	the Florida Constitution; reorganizing the Florida Supreme Court
817	into divisions; requiring Senate confirmation for appointment of
818	a Supreme Court justice; providing standards and procedures for
819	legislative repeal of a court rule; providing a minimum level of
820	court funding; allowing legislative review of confidential files
821	of the Judicial Qualifications Commission; and providing for
822	transition.
823
824	BE IT FURTHER RESOLVED that the following statement be
825	placed on the ballot if a court declares the preceding
826	statements defective and the decision of the court is not
827	reversed:
828
829	CONSTITUTIONAL AMENDMENT
830	ARTICLE III, SECTION 17
831	ARTICLE IV, SECTIONS 3 AND 10
832	ARTICLE V, SECTIONS 2, 3, 4, 7, 11, 12, 14, AND 21
833
834	STATE COURTS.-Proposing an amendment to the State
835	Constitution regarding the courts; changing the authority of the
836	Legislature to repeal a court rule by 2/3 vote of the membership
837	of each house to a simple majority of each house; limiting the
838	Supreme Court's ability to readopt a rule repealed by the
839	Legislature; replacing the current seven-member Supreme Court
840	with two five-member divisions of the Supreme Court, one with
841	civil jurisdiction and one with criminal jurisdiction;
842	establishing a Chief Justice of the Supreme Court who shall
843	serve as the chief administrative officer for the courts;
844	establishing a chief justice for the civil division of the
845	Supreme Court; establishing a chief justice for the criminal
846	division of the Supreme Court; providing for the manner of
847	selection and term for the chief justice of each division of the
848	Supreme Court; changing the manner of designation and term of
849	office of the Chief Justice of the Supreme Court; providing that
850	a chief justice of a division of the Supreme Court is subject to
851	a retention vote every 6 years based on the term for retention
852	and subject to the eligibility as currently established in the
853	State Constitution; providing for manner of replacement of a
854	chief justice of a division; providing for apportionment of
855	current justices among the civil and criminal divisions of the
856	Supreme Court; changing the requirements for a quorum from four
857	to three as being necessary for a decision; providing authority
858	and circumstances where the divisions of the Supreme Court may
859	meet en banc; providing jurisdiction for each division of the
860	Supreme Court, including matters which will be exclusive to each
861	division; expanding the jurisdiction of the Supreme Court to
862	include appeals from decisions of any district court of appeal
863	that a division deems to be of great public importance;
864	providing that the Legislature may further define the split of
865	jurisdiction between civil and criminal matters; providing that
866	the Chief Justice of the Supreme Court decides jurisdiction
867	should both divisions claim jurisdiction over the same case;
868	removing references to clerks and marshals; requiring Senate
869	confirmation before a justice may take office; providing that if
870	the Senate does not act within 90 days the nominee is deemed
871	confirmed as a justice; allowing the Senate to meet outside of
872	regular session without having the House of Representatives
873	convene at the same time; allowing Senate Rule to designate a
874	committee that may confirm a nominee; deleting outdated
875	references; requiring the Judicial Qualifications Commission to
876	provide the House of Representatives access to records;
877	providing for confidentiality of records; requiring a minimum
878	level of funding for the judicial system; providing for
879	transition; requiring the current Supreme Court to list its
880	members by seniority in office; providing that the three most
881	senior justices be assigned to the criminal division and the
882	remaining justices assigned to the criminal division; providing
883	time limits for appointments by the Governor for the remaining
884	seats; providing an exception to Senate confirmation for initial
885	appointments; requiring the Governor to name the initial chief
886	justice of each division; providing that the initial chief
887	justice of the civil division be named the Chief Justice of the
888	Supreme Court; requiring that existing cases be split between
889	the divisions; providing that cases decided before the split
890	into divisions are final and not subject to rehearing or recall
891	of the mandate; providing for the terms of the initial chief
892	justices of the divisions; providing for adoption of court
893	rules; allowing the Legislature by general law to further
894	provide for transition; providing that the transition schedules
895	may be deleted by general law when they have become outdated;
896	amending provision on impeachment to conform; and providing that
897	the civil division determines incapacity of the Governor upon
898	petition of two Cabinet members.

CODING: Words stricken are deletions; words underlined are additions.