Bill Text: FL S0322 | 2016 | Regular Session | Introduced

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Bill Title: Term Limits for Appellate Courts

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2016-03-11 - Died in Judiciary [S0322 Detail]

Download: Florida-2016-S0322-Introduced.html

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       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.