Florida Senate - 2017                                    SJR 482
       
       
        
       By Senator Hutson
       
       7-00481-17                                             2017482__
    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 a
    5         minimum age requirement and term limits for Supreme
    6         Court Justices and judges of the district courts of
    7         appeal and require 1 year of prior service as a judge
    8         for appointment as Supreme Court Justice.
    9          
   10  Be It Resolved by the Legislature of the State of Florida:
   11  
   12         That the following amendment to Section 8 of Article V and
   13  the creation of a new section in Article XII of the State
   14  Constitution are agreed to and shall be submitted to the
   15  electors of this state for approval or rejection at the next
   16  general election or at an earlier special election specifically
   17  authorized by law for that purpose:
   18                              ARTICLE V                            
   19                              JUDICIARY                            
   20         SECTION 8. Eligibility.—
   21         (a) No person shall be eligible for office of justice or
   22  judge of any court unless the person is an elector of the state
   23  and resides in the territorial jurisdiction of the court. No
   24  person shall be eligible for the office of justice of the
   25  supreme court or judge of a district court of appeal before
   26  attaining the age of fifty years. No justice or judge shall
   27  serve after attaining the age of seventy years except upon
   28  temporary assignment or to complete a term, one-half of which
   29  has been served.
   30         (b) No person is eligible for the office of justice of the
   31  supreme court or judge of a district court of appeal unless the
   32  person is, and has been for the preceding ten years, a member of
   33  the bar of Florida. No person is eligible for the office of
   34  circuit judge unless the person is, and has been for the
   35  preceding five years, a member of the bar of Florida. Unless
   36  otherwise provided by general law, no person is eligible for the
   37  office of county court judge unless the person is, and has been
   38  for the preceding five years, a member of the bar of Florida.
   39  Unless otherwise provided by general law, a person shall be
   40  eligible for election or appointment to the office of county
   41  court judge in a county having a population of 40,000 or less if
   42  the person is a member in good standing of the bar of Florida.
   43         (c) No person is eligible for the office of justice of the
   44  supreme court unless the person is, or has been, a judge for at
   45  least one year.
   46         (d) No person may appear on the ballot for retention to the
   47  office of justice of the supreme court if, by the end of the
   48  current term of office, the person has ever served or, but for
   49  resignation, would have served in that office for two
   50  consecutive full terms. No person may appear on the ballot for
   51  retention to the office of judge of a district court of appeal
   52  if, by the end of the current term of office, the person has
   53  ever served or, but for resignation, would have served in that
   54  office for three consecutive full terms.
   55                             ARTICLE XII                           
   56                              SCHEDULE                             
   57         Applicability of eligibility requirements for appointment
   58  or retention of justices and appellate judges.—The amendment to
   59  Section 8 of Article V which specifies term limits and a minimum
   60  age requirement for justices of the supreme court and judges of
   61  the district courts of appeal, and requires a minimum one year
   62  of service as a judge for a person to be appointed to the office
   63  of justice, takes effect January 1, 2019. The limitations of the
   64  amendment on the terms of justices and judges apply to justices
   65  and judges in office on the effective date of this amendment.
   66         BE IT FURTHER RESOLVED that the following statement be
   67  placed on the ballot:
   68                      CONSTITUTIONAL AMENDMENT                     
   69                        ARTICLE V, SECTION 8                       
   70                             ARTICLE XII                           
   71         ELIGIBILITY FOR APPOINTMENT AND RETENTION OF OFFICE OF
   72  JUSTICE OR JUDGE.—Amendment imposes a 2-term limit for supreme
   73  court justices, 3-term limit for district courts of appeal
   74  judges, and 50-year age minimum for both; requires 1-year
   75  service as judge to serve as justice. Currently, both serve
   76  unlimited terms, if retained, until age 70, or older if less
   77  than one-half term remains at 70; there is no age minimum or
   78  service requirement. The term limits do not include partial
   79  terms and apply to current justices and judges.
   80         BE IT FURTHER RESOLVED that the following statement be
   81  placed on the ballot if a court declares the preceding statement
   82  defective and the decision of the court is not reversed:
   83                      CONSTITUTIONAL AMENDMENT                     
   84                        ARTICLE V, SECTION 8                       
   85                             ARTICLE XII                           
   86         ELIGIBILITY FOR APPOINTMENT AND RETENTION OF OFFICE OF
   87  JUSTICE OR JUDGE.—Proposing an amendment to the State
   88  Constitution to limit the terms of justices of the Supreme Court
   89  to two full terms and judges of the district courts of appeal to
   90  three full terms; to require persons to attain the minimum age
   91  of 50 to be appointed to such offices; and to require 1 year of
   92  service as a judge for a person to be appointed a justice.
   93  Currently, there are no minimum age or service requirements to
   94  serve as justice or judge, and both now serve unlimited 6-year
   95  terms, if retained, until age 70, or older if less than one-half
   96  of a term remains at age 70. A partial term would not count
   97  toward the limit, which applies to current justices and judges.