Bill Text: FL H7025 | 2011 | Regular Session | Introduced

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Bill Title: Rules of Court

Spectrum: Bipartisan Bill

Status: (Introduced - Dead) 2011-05-07 - Indefinitely postponed and withdrawn from consideration [H7025 Detail]

Download: Florida-2011-H7025-Introduced.html

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HJR 7025

1	House Joint Resolution
2	A joint resolution proposing an amendment to Section 2 of
3	Article V of the State Constitution to provide that no
4	court may adopt rules of practice and procedure; the
5	Supreme Court may recommend rules to be adopted, amended,
6	or rejected by the Legislature; and, in the event of
7	conflict, a statute supersedes a rule.
8
9	Be It Resolved by the Legislature of the State of Florida:
10
11	That the following amendment to Section 2 of Article V of
12	the State Constitution is agreed to and shall be submitted to
13	the 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 2.  Administration; practice and procedure.-
19	(a)  No court The supreme court shall have the power,
20	express or implied, to adopt rules for the practice and
21	procedure in any court. Court rules of practice and procedure
22	may be recommended by the supreme court to be adopted, amended,
23	or rejected by the legislature in a manner prescribed by general
24	law. If there is a conflict between general law and a court
25	rule, the general law supersedes the court rule all courts
26	including the time for seeking appellate review, the
27	administrative supervision of all courts, the transfer to the
28	court having jurisdiction of any proceeding when the
29	jurisdiction of another court has been improvidently invoked,
30	and a requirement that no cause shall be dismissed because an
31	improper remedy has been sought. The supreme court shall adopt
32	rules to allow the court and the district courts of appeal to
33	submit questions relating to military law to the federal Court
34	of Appeals for the Armed Forces for an advisory opinion. Rules
35	of court may be repealed by general law enacted by two-thirds
36	vote of the membership of each house of the legislature.
37	(b)  The chief justice of the supreme court shall be chosen
38	by a majority of the members of the court; shall be the chief
39	administrative officer of the judicial system; and shall have
40	the power to assign justices or judges, including consenting
41	retired justices or judges, to temporary duty in any court for
42	which the judge is qualified and to delegate to a chief judge of
43	a judicial circuit the power to assign judges for duty in that
44	circuit.
45	(c)  A chief judge for each district court of appeal shall
46	be chosen by a majority of the judges thereof or, if there is no
47	majority, by the chief justice. The chief judge shall be
48	responsible for the administrative supervision of the court.
49	(d)  A chief judge in each circuit shall be chosen from
50	among the circuit judges as provided by supreme court rule. The
51	chief judge shall be responsible for the administrative
52	supervision of the circuit courts and county courts in his
53	circuit.
54	BE IT FURTHER RESOLVED that the following statement be
55	placed on the ballot:
56	CONSTITUTIONAL AMENDMENT
57	ARTICLE V, SECTION 2
58	RULES OF COURT.-Proposing an amendment to the State
59	Constitution regarding court rulemaking.
60	Under the current State Constitution, Florida court rules
61	are adopted solely by the state Supreme Court, and laws that are
62	adopted by the Legislature and approved by the Governor which
63	conflict with court rules are ruled invalid by the same state
64	Supreme Court. One state court has expressed an opinion that the
65	courts have an inherent right to enact rules even if this right
66	is not provided for in the State Constitution. By contrast, in
67	the federal court system, court rules of practice and procedure
68	are subordinate to general federal law and are subject to the
69	approval of Congress before they are enacted.
70	By this amendment, no state court, including the Florida
71	Supreme Court, will have the express or implied power to adopt
72	court rules of practice and procedure. The state Supreme Court
73	may recommend rules of practice and procedure that may be
74	adopted, amended, or rejected in a manner provided for in
75	general law. If there is a conflict between a court rule and a
76	general law, the general law would prevail.
77	In short, a general law in Florida is enacted if passed by
78	a majority of members voting in each of the two legislative
79	chambers and then either signed by the Governor or, if vetoed by
80	the Governor, then passed by a two-thirds vote of the members
81	voting in each of the two legislative chambers.
82	Specifically, the proposal amends subsection (a) of section
83	2 of Article V of the State Constitution, to read as set forth
84	below. The words stricken are deletions; words underlined are
85	additions:
86	SECTION 2.  Administration; practice and procedure.-
87	(a)  No court The supreme court shall have the power,
88	express or implied, to adopt rules for the practice and
89	procedure in any court. Court rules of practice and procedure
90	may be recommended by the supreme court to be adopted, amended,
91	or rejected by the legislature in a manner prescribed by general
92	law. If there is a conflict between general law and a court
93	rule, the general law supersedes the court rule all courts
94	including the time for seeking appellate review, the
95	administrative supervision of all courts, the transfer to the
96	court having jurisdiction of any proceeding when the
97	jurisdiction of another court has been improvidently invoked,
98	and a requirement that no cause shall be dismissed because an
99	improper remedy has been sought. The supreme court shall adopt
100	rules to allow the court and the district courts of appeal to
101	submit questions relating to military law to the federal Court
102	of Appeals for the Armed Forces for an advisory opinion. Rules
103	of court may be repealed by general law enacted by two-thirds
104	vote of the membership of each house of the legislature.

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