Florida Senate - 2016 SJR 322
By Senator Hutson
6-00347-16 2016322__
1 Senate Joint Resolution
2 A joint resolution proposing an amendment to Section 8
3 of Article V and the creation of a new Section in
4 Article XII of the State Constitution to create term
5 limits for Supreme Court justices and judges of the
6 district courts of appeal.
7
8 Be It Resolved by the Legislature of the State of Florida:
9
10 That the following amendment to Section 8 of Article V and
11 the creation of a new Section in Article XII of the State
12 Constitution are agreed to and shall be submitted to the
13 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 8. Eligibility.—
19 (a) No person shall be eligible for office of justice or
20 judge of any court unless the person is an elector of the state
21 and resides in the territorial jurisdiction of the court. No
22 justice or judge shall serve after attaining the age of seventy
23 years except upon temporary assignment or to complete a term,
24 one-half of which has been served.
25 (b) No person is eligible for the office of justice of the
26 supreme court or judge of a district court of appeal unless the
27 person is, and has been for the preceding ten years, a member of
28 the bar of Florida. No person is eligible for the office of
29 circuit judge unless the person is, and has been for the
30 preceding five years, a member of the bar of Florida. Unless
31 otherwise provided by general law, no person is eligible for the
32 office of county court judge unless the person is, and has been
33 for the preceding five years, a member of the bar of Florida.
34 Unless otherwise provided by general law, a person shall be
35 eligible for election or appointment to the office of county
36 court judge in a county having a population of 40,000 or less if
37 the person is a member in good standing of the bar of Florida.
38 (c) No person may appear on the ballot for retention to the
39 office of justice of the supreme court or judge of a district
40 court of appeal if, by the end of the current term of office,
41 the person has ever served or, but for resignation, would have
42 served in that office for two consecutive full terms.
43 ARTICLE XII
44 SCHEDULE
45 Applicability of limitations on the terms of justices and
46 judges.—The amendment to Section 8 of Article V shall take
47 effect upon approval by the electors. The limitations of the
48 amendment on the terms of justices of the supreme court and
49 judges of the district courts of appeal apply to justices and
50 judges in office on the effective date of the amendment.
51 BE IT FURTHER RESOLVED that the following statement be
52 placed on the ballot:
53 CONSTITUTIONAL AMENDMENT
54 ARTICLE V, SECTION 8
55 ARTICLE XII
56 TERM LIMITS FOR APPELLATE COURTS.—Proposing an amendment to
57 the State Constitution to limit the terms of Supreme Court
58 justices and judges of the district courts of appeal. They
59 currently serve unlimited 6-year terms, if retained, until age
60 70 or beyond that age, if less than one-half of a term remains
61 at age 70. This amendment would limit them to two full terms. A
62 partial term would not count toward the limit. This amendment
63 applies to current justices and judges.